Making Constitutions
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Making Constitutions In Deeply Divided Societies
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Author : Hanna Lerner
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-12
Making Constitutions In Deeply Divided Societies written by Hanna Lerner 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 2011-05-12 with Law categories.
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Constitution Makers On Constitution Making
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Author : Robert A. Goldwin
language : en
Publisher: American Enterprise Institute Press
Release Date : 1988
Constitution Makers On Constitution Making written by Robert A. Goldwin and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Eighty new constitutions, more than half of the written national constitutions in effect, have been written and adopted just since 1974, an average of more than five a year. At a time when the United States is observing the two-hundredth anniversary of its Constitution, the median age of all constitutions in the world is less than fifteen years. Never before have so many living constitution makers, in so many different kinds of regimes, been still active and capable of telling the story, firsthand, of how their nation's constitution was made. In eight pairs of papers, written from differing perspectivies, this book tells the story of the writing of the constitutions of France, Greece, the United States, Yugoslavia, Spain, Egypt, Venezuela, and Nigeria. It also includes an analysis by constitutional experts from twenty countries of how to put into practice the principles of constitutionalism--political liberty, security of rights, and self-government.
Constitution Making
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Author : Sujit Choudhry
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016
Constitution Making written by Sujit Choudhry 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 2016 with Constitutional history categories.
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Constitution Makers On Constitution Making
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-17
Constitution Makers On Constitution Making written by Tom Ginsburg 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 2022-11-17 with Law categories.
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Comparative Constitution Making
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Author : David Landau
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Comparative Constitution Making written by David Landau 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 2019 with Law categories.
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Democratic Constitution Making
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Author : Vivien Hart
language : en
Publisher:
Release Date : 2003
Democratic Constitution Making written by Vivien Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Constitutional law categories.
Making Constitutions
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Author : Gabriel L. Negretto
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-17
Making Constitutions written by Gabriel L. Negretto 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 2013-06-17 with Political Science categories.
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Constitution Making In Asia
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Author : H. Kumarasingham
language : en
Publisher: Routledge
Release Date : 2016-03-31
Constitution Making In Asia written by H. Kumarasingham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with History categories.
Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Women Making Constitutions
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Author : A. Dobrowolsky
language : en
Publisher: Springer
Release Date : 2003-11-04
Women Making Constitutions written by A. Dobrowolsky and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-04 with Political Science categories.
This volume provides a timely and revealing account of women's constitutional strategies and struggles. It compares and contrasts the latest constitutional developments within the United Kingdom with women's past and present struggles in countries including Canada, the United States and South Africa. Through theoretical engagement and practical experiences, the contributors develop crucial arguments on the nature and effect of constitutional change, equality, women's rights and representation. This shows how women, through their words and deeds, have challenged and shaped the nature and forms of constitutionalism.
Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Constitutional Amendments written by Richard Albert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.