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.
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 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.
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.
Social And Political Foundations Of Constitutions
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Author : Denis J. Galligan
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-14
Social And Political Foundations Of Constitutions written by Denis J. 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 2013-10-14 with Law categories.
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
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.
Territory And Power In Constitutional Transitions
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Author : George Anderson
language : en
Publisher: Oxford University Press
Release Date : 2019-03-07
Territory And Power In Constitutional Transitions written by George Anderson 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 2019-03-07 with Law categories.
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Public Participation In African Constitutionalism
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Author : Tania Abbiate
language : en
Publisher: Routledge
Release Date : 2017-11-22
Public Participation In African Constitutionalism written by Tania Abbiate and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Political Science categories.
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.
United Nations Peacekeeping And The Politics Of Authoritarianism
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Author : Sarah von Billerbeck
language : en
Publisher: Oxford University Press
Release Date : 2025-01-11
United Nations Peacekeeping And The Politics Of Authoritarianism written by Sarah von Billerbeck 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 2025-01-11 with Political Science categories.
What impact does UN peacekeeping have on the politics of authoritarianism in host countries? This book advances a theoretically innovative and empirically rich answer to this question: while the UN does not intentionally promote authoritarianism, it faces a number of constraints and dilemmas that give rise to what we call authoritarian enabling. Enabling can occur through two mechanisms, capacity building and the creation of a permissive environment, which enhance the ability of host governments to engage in authoritarian behavior and signal to them that doing so is low-cost. This book illustrates these two mechanisms with four in-depth case studies of UN peacekeeping operations: UNTAC in Cambodia, MONUC/MONUSCO in the Democratic Republic of Congo, MINUSTAH in Haiti, and UNMIL in Liberia. The analysis is based on primary interview data from over 200 interviews. The authors explore the sources of enabling, identifying the trade-offs and contradictions that give rise to these two mechanisms. They include respect for sovereignty, the importance of working relations with the host government, the tension between democracy and other mission goals, the pressure to demonstrate quick results, and divergences within missions and the broader international community. While enabling stops short of the outright promotion of authoritarianism, it explains why the UN's activities often appear to contradict its stated objectives and the outcomes it delivers fall short of its goals. In addition to its theoretical and empirical contributions, the book suggests how these dilemmas and challenges can be overcome.