Negotiating The Constitution
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Negotiating The Constitution
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Author : Joseph M. Lynch
language : en
Publisher: Cornell University Press
Release Date : 2005
Negotiating The Constitution written by Joseph M. Lynch and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with History categories.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Negotiating The Ottoman Constitution 1839 1876
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Author : Aylin Koçunyan
language : en
Publisher:
Release Date : 2018
Negotiating The Ottoman Constitution 1839 1876 written by Aylin Koçunyan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Constitutional history categories.
This book traces the transcultural and transnational dimension of the internal genesis of the Ottoman Constitution, which was promulgated on December 23, 1876. It shows that the constitutional process incorporated, from domestic authorities to foreign Powers, a plurality of formal and informal agents of different ethno-religious, cultural, and ideological backgrounds and that its investigation goes beyond the study of a national narrative.0Considering the issue of constitutional reforms from different angles (foreign influence and pressure, the agency of domestic actors and through discourse analysis of reform decrees), the book brings a critical approach to the existing historiographical narratives, which reduce Ottoman constitutional history to a simplistic process of transplanting western legal artefacts and regimes without measuring the selective control of dominant domestic groups over the process. Instead, the book shows the evolution of a continuous set of negotiations of various actors on the idea of constitution in the Ottoman Empire and thus sheds light on the social construction of the idea of justice and constitutional law. The draft constitutions studied throughout the book are the textual embodiment of these negotiations and unveil the ways in which concepts and issues such as legitimacy, the restriction of political power, lawful government, liberty, equality, the rule of people and the treatment of minorities reached the Ottoman context and the ways in which they acquired new meanings or equivalents during their adaptation to the imperial political culture.
Constitutional Negotiations
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Author : Sumit Bisarya and Thibaut Noel
language : en
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Release Date : 2021-04-26
Constitutional Negotiations written by Sumit Bisarya and Thibaut Noel 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 2021-04-26 with Political Science categories.
Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber 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 2009-11-26 with Law categories.
Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Negotiating In Civil Conflict
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Author : Haider Ala Hamoudi
language : en
Publisher: University of Chicago Press
Release Date : 2013-11-12
Negotiating In Civil Conflict written by Haider Ala Hamoudi and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Political Science categories.
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber 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 2009-11-26 with Law categories.
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Constitutional Law And Regionalism
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Author : Vito Breda
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-09-28
Constitutional Law And Regionalism written by Vito Breda 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 2018-09-28 with Law categories.
This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
Un Doing Europe
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Author : Michał Krzyżanowski
language : en
Publisher: Peter Lang
Release Date : 2007
Un Doing Europe written by Michał Krzyżanowski and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Language Arts & Disciplines categories.
After successive waves of «enlargement», the European Union has been struggling with political integration. The project of the «constitutionalisation» of the EU was therefore launched to cater to a growing need of institutional reform, but it also intensified debates about the underlying conceptions, norms and values of the European polity as well as the meanings and identities of entire Europe. This book approaches the ongoing legal and political re-construction of the EU through a focus on the Convention on the Future of Europe (2002-2003) which produced a draft of the EU's first constitution. The Convention is studied from a multidisciplinary perspective integrating approaches from ethnography of institutions, political sociology and linguistically-based discourse-analysis. Drawing on extensive fieldwork and multiple textual data, the book offers an inside perspective on the multitude of ways in which politics in supranational environments works in practice. The book also contributes to the ongoing research on the discursive (re-)negotiations of meanings of Europe and European integration in the institutions of the European Union.
Negotiating Justice
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Author : Mervyn Bennun
language : en
Publisher:
Release Date : 1995
Negotiating Justice written by Mervyn Bennun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
The book is concerned with the transfer of power in South Africa. It illustrates the issues that the ordinary South African and those entrusted with the task of building the new state were forced to consider, such as human rights, land reform, the future of the Homelands and the validity of the democratic process. The book focuses on these issues in a period that saw the spread of communal violence on such a horrific scale that many prophesied the outbreak of civil war.
The Politics Of Transition
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Author : Richard Spitz
language : en
Publisher: Witwatersrand University Press Publications
Release Date : 2000
The Politics Of Transition written by Richard Spitz and has been published by Witwatersrand University Press Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
During the early 1990s, South Africans kept a close eye on the media coverage of South Africa's negotiated transition to democracy. Likened to a soap opera by some, the negotiations featured violent interlopers, dramatic walkouts, alliances and, somehow, a fortunate conclusion in the form of the Interim Constitution and Bill of Rights. The importance of the negotiating process and the Interim Constitution itself should not be underestimated, however, in relation to their longer-term influence over the form of democracy currently enjoyed in South Africa. In this brave publication, Spitz and Chaskalson examine the politics behind the Kempton Park negotiations and the Interim Constitution, and the influence that these have had on the subsequent consolidation of a South African democracy.