Constitutional Negotiations
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Constitutional Negotiations
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Author : Sumit Bisarya and Thibaut Noel
language : en
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Release Date : 2021-04-26
Constitutional Negotiations written by Sumit Bisarya and Thibaut Noel and has been published by International Institute for Democracy and Electoral Assistance (International IDEA) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with Political Science categories.
Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Constitutional Law And Regionalism
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Author : Vito Breda
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Constitutional Law And Regionalism written by Vito Breda and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Law categories.
This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-26 with Law categories.
Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Negotiating In Civil Conflict
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Author : Haider Ala Hamoudi
language : en
Publisher: University of Chicago Press
Release Date : 2013-11-12
Negotiating In Civil Conflict written by Haider Ala Hamoudi and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Political Science categories.
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
Czecho Slovakia
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Author : Eric Stein
language : en
Publisher: University of Michigan Press
Release Date : 2000-01-26
Czecho Slovakia written by Eric Stein and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-26 with History categories.
DIVDescribes the peaceful breakup of the Czechoslovak Federation /div
Constitutional Policy In Multilevel Government
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Author : Arthur Benz
language : en
Publisher: Oxford University Press
Release Date : 2016-07-22
Constitutional Policy In Multilevel Government written by Arthur Benz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-22 with Political Science categories.
The search for a robust balance of power is a continuous challenge for multilevel political system. Institutions like parliaments or courts can protect the existing order. However, necessary adjustments to economic, social, or international challenges or policies determined to improve ineffective structures or to prevent disintegration require constitutional amendments. Whereas constitutional policy appears as essential to maintain balance, changing a constitution is rather difficult in multilevel governments. Due to the veto power of many actors pursuing divergent interests, policies aiming to redistribute power or fiscal resources risk to end in the joint decision trap. Hence, multilevel government is confronted by a fundamental dilemma. Constitutional Policy in Multilevel Government compares processes of constitutional reform in federal and regionalized states. Based on a theoretical framework emphasizing the relevance of negotiations in parliamentary, intergovernmental, and societal arenas, it identifies conditions for successful reforms and explains the consequences of failed reforms. Moreover, it highlights the interplay of reform processes and constitutional evolution as essential to maintaining a robust balance of power. The book demonstrates that an appropriate arrangement of multiple arenas of negotiation including executives, members of parliament and civil society organizations, and sequential order of reform processes proves fundamental to prevent federal or regionalized governments from becoming either instable or ending with rigid constitutions. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
Negotiating The Ottoman Constitution 1839 1876
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Author : Aylin Koçunyan
language : en
Publisher:
Release Date : 2018
Negotiating The Ottoman Constitution 1839 1876 written by Aylin Koçunyan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Constitutional history categories.
This book traces the transcultural and transnational dimension of the internal genesis of the Ottoman Constitution, which was promulgated on December 23, 1876. It shows that the constitutional process incorporated, from domestic authorities to foreign Powers, a plurality of formal and informal agents of different ethno-religious, cultural, and ideological backgrounds and that its investigation goes beyond the study of a national narrative.0Considering the issue of constitutional reforms from different angles (foreign influence and pressure, the agency of domestic actors and through discourse analysis of reform decrees), the book brings a critical approach to the existing historiographical narratives, which reduce Ottoman constitutional history to a simplistic process of transplanting western legal artefacts and regimes without measuring the selective control of dominant domestic groups over the process. Instead, the book shows the evolution of a continuous set of negotiations of various actors on the idea of constitution in the Ottoman Empire and thus sheds light on the social construction of the idea of justice and constitutional law. The draft constitutions studied throughout the book are the textual embodiment of these negotiations and unveil the ways in which concepts and issues such as legitimacy, the restriction of political power, lawful government, liberty, equality, the rule of people and the treatment of minorities reached the Ottoman context and the ways in which they acquired new meanings or equivalents during their adaptation to the imperial political culture.
Behind A Veil Of Ignorance
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Author : Louis M. Imbeau
language : en
Publisher: Springer
Release Date : 2015-02-19
Behind A Veil Of Ignorance written by Louis M. Imbeau and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Political Science categories.
This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.
Negotiating The Constitution
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Author : Joseph M. Lynch
language : en
Publisher: Cornell University Press
Release Date : 2005
Negotiating The Constitution written by Joseph M. Lynch and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Constitutional Bargaining In Russia 1990 93
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Author : Edward Morgan-Jones
language : en
Publisher: Routledge
Release Date : 2010-02-25
Constitutional Bargaining In Russia 1990 93 written by Edward Morgan-Jones and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-25 with Political Science categories.
The years 1990-93 were a critical moment in Russia’s political development. This book provides a systematic explanation of outcomes of constitutional bargaining processes in Russia, which radically reshaped the institutions of the Russian state: removing Russia from constitutional subordination to the Soviet Union in 1990; creating a presidency and a constitutional court in 1991; and restructuring the relationship between the central state and its component federal units with the passage of three Federal Treaties in 1992. The book explores the reasons for these outcomes and identifies why there were consistent delays to the passage of a new Russian constitution as well as why negotiations eventually broke down. The book assesses the plausibility of different theoretical approaches to constitutional choice and argues that the role of uncertainty (and politician's strategic responses to uncertainty) in shaping constitutional outcomes has been under-explored by rational choices approaches to constitutional bargaining. Using a rich set of source materials - including roll call votes, parliamentary records, unpublished parliamentary and constitution commission documents, Russian newspapers - the book provides a detailed study of Russian politician's decision making about constitutional choices. It is a valuable resource to those interested in Russia and post-communist politics, the origins of political institutions, comparative government, democratisation and development studies.