Hybrid Constitutionalism
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Hybrid Constitutionalism
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Author : Eric C. Ip
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-25
Hybrid Constitutionalism written by Eric C. Ip 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 2019-04-25 with Law categories.
Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.
Hybrid Constitutions
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Author : Vicki Hsueh
language : en
Publisher: Duke University Press
Release Date : 2010-01-27
Hybrid Constitutions written by Vicki Hsueh and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-27 with Political Science categories.
In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.
Constitutional Theocracy
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Author : Ran Hirschl
language : en
Publisher: Harvard University Press
Release Date : 2010-11
Constitutional Theocracy written by Ran Hirschl and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Law categories.
Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.
Hybrid Model Of Constitutional Court To Strengthen Indonesian Constitutionalism
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Author :
language : en
Publisher:
Release Date : 2020
Hybrid Model Of Constitutional Court To Strengthen Indonesian Constitutionalism written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Order From Transfer
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Order From Transfer written by Günter Frankenberg 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 2013-01-01 with Law categories.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Broken Trust
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Author : Stephen M. Griffin
language : en
Publisher: University Press of Kansas
Release Date : 2015-08-21
Broken Trust written by Stephen M. Griffin and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-21 with Political Science categories.
Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.
Constitutional Democracy
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Author : Walter F. Murphy
language : en
Publisher: Johns Hopkins University Press
Release Date : 2008-09-01
Constitutional Democracy written by Walter F. Murphy and has been published by Johns Hopkins University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-01 with Political Science categories.
Winner, 2007 Best of the Social Sciences, Professional and Scholarly Publishing Division of the Association of American Publishers Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called "free government." In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates—many of whose arguments track those of real-life political, economic, and legal theorists—as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.
Illiberal Constitutionalism In Poland And Hungary
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Author : Tímea Drinóczi
language : en
Publisher: Routledge
Release Date : 2021-09-15
Illiberal Constitutionalism In Poland And Hungary written by Tímea Drinóczi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-15 with Law categories.
This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.
Constitutional Change In Singapore
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Author : Taylor & Francis Group
language : en
Publisher: Routledge
Release Date : 2021-08-02
Constitutional Change In Singapore written by Taylor & Francis Group and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-02 with categories.
Once a ceremonial position modelled after the constitutional monarchy in the United Kingdom, the office of the President of Singapore was transformed from an appointed to an elected one in 1991. As the head of state, but not the head of government, the elected President was to have additional discretionary powers involving the spending of financial reserves, appointment of high-ranking public servants, and certain ministerial powers to detain without trial. In 2016, a constitutional commission was convened to consider further reforms to the office and the elections process. This book explores Singapore's presidency, assessing how well it has functioned, discussing the rationales for an elected presidency, and evaluating the constitutional commission's recommendations for reforms, including the need for minority representation in the office. In doing so, the book provides important reflections on how the constitutional reform process raises crucial questions about the rule of law and the practice of constitutionalism in Singapore.
Populism And Civil Society
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Author : Andrew Arato
language : en
Publisher: Oxford University Press
Release Date : 2021
Populism And Civil Society written by Andrew Arato 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 2021 with Political Science categories.
Introduction -- Populism : why and why now? -- Populism as mobilization and as a party -- Populist governments and their logic -- Populism and constitutionalism -- Alternatives to populism.