Framing The State In Times Of Transition
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Framing The State In Times Of Transition
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Author : Laurel E. Miller
language : en
Publisher: US Institute of Peace Press
Release Date : 2010
Framing The State In Times Of Transition written by Laurel E. Miller and has been published by US Institute of Peace Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
University Of Chicago Law Review Volume 81 Number 4 Fall 2014
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Author : University of Chicago Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2014-12-17
University Of Chicago Law Review Volume 81 Number 4 Fall 2014 written by University of Chicago Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-17 with Law categories.
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
State Renaissance For Peace
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Author : Emmanuel De Groof
language : en
Publisher: Cambridge University Press
Release Date : 2020-08-27
State Renaissance For Peace written by Emmanuel De Groof 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 2020-08-27 with Law categories.
Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.
Constitutional Ratification Without Reason
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Author : Jeffrey A. Lenowitz
language : en
Publisher: Oxford University Press
Release Date : 2022-03-10
Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz 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 2022-03-10 with Constitutional law categories.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Constitution Making And Transnational Legal Order
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Author : Gregory Shaffer
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18
Constitution Making And Transnational Legal Order written by Gregory Shaffer 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 2019-04-18 with Law categories.
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Social And Political Foundations Of Constitutions
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Author : Denis James Galligan
language : en
Publisher: Cambridge University Press
Release Date : 2013
Social And Political Foundations Of Constitutions written by Denis James Galligan 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 with Constitutional law categories.
"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--
North Africa S Arab Spring
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Author : George Joffé
language : en
Publisher: Routledge
Release Date : 2013-10-18
North Africa S Arab Spring written by George Joffé and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-18 with Social Science categories.
This book addresses issues surrounding the evolution of the Arab Spring in North Africa. After a general introduction and explanation of the events on a region-wide basis, it turns to examine aspects of each of the countries concerned. The role of the Muslim Brotherhood during the Nasser regime and in the contemporary situation is compared, together with an analysis of the emergence of new political parties in Egypt. The book analyses the links between social media and satellite television during the revolution in Egypt. This is followed by a study of the intellectual and cultural background to the Tunisian revolution and an analysis of the new political parties in Tunisia. It also looks at the revolution process in Libya and concludes with a study of why there was no revolution in Algeria and how the Moroccan monarchy was able to sideline those who challenged it at the price of constitutional changes that are essentially cosmetic. This book was originally published as a special issue of The Journal of North African Studies.
Practical Considerations For Public Participation In Constitution Building What When How And Why
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Author : Erin C. Houlihan and Sumit Bisarya
language : en
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Release Date : 2021-07-26
Practical Considerations For Public Participation In Constitution Building What When How And Why written by Erin C. Houlihan and Sumit Bisarya 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 2021-07-26 with Political Science categories.
Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.
Constitutionalism Human Rights And Islam After The Arab Spring
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Author : Rainer Grote
language : en
Publisher: Oxford University Press
Release Date : 2016-07-25
Constitutionalism Human Rights And Islam After The Arab Spring written by Rainer Grote 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 2016-07-25 with Law categories.
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
The Veil Of Participation
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Author : Alexander Hudson
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
The Veil Of Participation written by Alexander Hudson 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 2021-05-06 with Law categories.
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.