Engineering Constitutional Change


Engineering Constitutional Change
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Engineering Constitutional Change


Engineering Constitutional Change
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Author : Xenophōn I. Kontiadēs
language : en
Publisher: Routledge
Release Date : 2013

Engineering Constitutional Change written by Xenophōn I. Kontiadēs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.



Comparative Constitutional Engineering


Comparative Constitutional Engineering
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Author : Giovanni Sartori
language : en
Publisher: NYU Press
Release Date : 1997

Comparative Constitutional Engineering written by Giovanni Sartori and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.


The second edition of this pathbreaking, highly innovative comparative study in state-building by a major political scientist is a fully updated examination of the problems of making democratic government work. Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances. His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended. He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.



Constitutional Change And Democracy In Indonesia


Constitutional Change And Democracy In Indonesia
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Author : Donald L. Horowitz
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-25

Constitutional Change And Democracy In Indonesia written by Donald L. Horowitz 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 2013-03-25 with Political Science categories.


How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.



Constitution 3 0


Constitution 3 0
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Author : Jeffrey Rosen
language : en
Publisher: Rowman & Littlefield
Release Date : 2011-11-11

Constitution 3 0 written by Jeffrey Rosen and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-11 with Political Science categories.


At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre Dame Law School; Jeffrey Rosen, George Washington University Law School; Benjamin Wittes, Brookings Institution; Tim Wu, Columbia Law School; and Jonathan Zittrain, Harvard Law School.



Unconstitutional Constitutional Amendments


Unconstitutional Constitutional Amendments
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Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017-02-16

Unconstitutional Constitutional Amendments written by Yaniv Roznai 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 2017-02-16 with Law categories.


Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.



Routledge Handbook Of Comparative Constitutional Change


Routledge Handbook Of Comparative Constitutional Change
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2020-06-11

Routledge Handbook Of Comparative Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.


Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.



Alternatives To Capitalism The Economics Of Partnership


Alternatives To Capitalism The Economics Of Partnership
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Author : Avril Alba
language : en
Publisher: Palgrave Macmillan
Release Date : 2016-01-12

Alternatives To Capitalism The Economics Of Partnership written by Avril Alba and has been published by Palgrave Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-12 with Business & Economics categories.


]At a time of rapid change in Central and Eastern Europe, there is widespread interest in alternative forms of market economy. Is it possible to combine the best features of capitalism with the best features of socialism? The first part of the volume examines the idea of `Agathotopia' put forward by Nobel-Prize winner James Meade; the second with worker participation and economic democracy, including the Yugoslav experience and the third with partnership at macro- and micro-levels.



Accommodating Diversity In Multilevel Constitutional Orders


Accommodating Diversity In Multilevel Constitutional Orders
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Author : Maja Sahadžić
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-19

Accommodating Diversity In Multilevel Constitutional Orders written by Maja Sahadžić and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-19 with Law categories.


This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.



Participatory Constitutional Change


Participatory Constitutional Change
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2016-10-04

Participatory Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.


This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.



Unconstitutional Constitutional Amendments


Unconstitutional Constitutional Amendments
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Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017

Unconstitutional Constitutional Amendments written by Yaniv Roznai 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 2017 with Law categories.


Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.