The Enactment Of Constituent Power In The Arab World
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The Enactment Of Constituent Power In The Arab World
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Author : Asem Khalil
language : en
Publisher:
Release Date : 2006
The Enactment Of Constituent Power In The Arab World written by Asem Khalil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Constituent power categories.
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.
Unconstitutional Constitutional Amendments
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Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017
Unconstitutional Constitutional Amendments written by Yaniv Roznai 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 2017 with Law categories.
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Women And War In The Middle East
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Author : Doctor Nicola Pratt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-10-15
Women And War In The Middle East written by Doctor Nicola Pratt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-15 with Social Science categories.
Women and War in the Middle East provides a critical examination of the relationship between gender and transnationalism in the context of war, peace-building and post-conflict reconstruction in the Middle East. Critically examining the ways in which the actions of various local and transnational groups - including women's movements, diaspora communities, national governments, non-governmental actors and multilateral bodies - interact to both intentionally and inadvertantly shape the experiences of women in conflict situations, and determine the possibilities for women's participation in peace-building and (post)-conflict reconstruction, as well as the longer-term prospects for peace and security. The volume pays particular attention to the ways in which gender roles, relations and identities are constructed, negotiated and employed within transnational social and political fields in the conflict and post-conflict situations, and their particular consequences for women. Contributions focus on the two countries with the longest experiences of war and conflict in the Middle East, and which have been subject to the most prominent international interventions of recent years - that is, Iraq and the Occupied Palestinian Territories. Issues addressed by contributors include the impact of gender mainstreaming measures by international agencies and NGOs upon the ability of women to participate in peace-building and post-conflict resolution; the consequences for gender relations and identities of the US-led invasion and occupation of Iraq; and how transnational feminist movements can most effectively support peace building and women's rights in the region. Based entirely on original empirical research. Women and War in the Middle East brings together some of the foremost scholars in the areas of feminist international relations, feminist international political economy, anthropology, sociology, history and Middle East studies.
Experimental Legal Education In A Globalized World
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Author : Mutaz Qafisheh
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2016-06-22
Experimental Legal Education In A Globalized World written by Mutaz Qafisheh and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-22 with Law categories.
Legal education is currently undergoing a paradigm shift. Traditional law instruction, lecturing and memorizing have become a fading fashion, with legal clinics increasingly cropping up. These allow law students to practice while studying and to contribute to social justice as part of the educational process. Students no longer accept one-way interaction from their professors, and demand interaction with their peers in various corners of the globe. The Middle East is no exception here. Legal clinics can be found in most countries of the region, though there is scant literature on legal education in the area, particularly with regards to clinical legal education. This book fills this gap, and offers comparative cases that will benefit legal educators and justice practitioners in the Middle East and beyond. The region needs reform in all dimensions, including the political, economic, social, religious, legal, and educational. Legal education lies at the heart of securing such long awaited reforms. The book examines legal education within selected locations in the region, underscoring successful pedagogical models from various parts of the world. This peer-reviewed book focuses on practical legal education, where learning is student-centered, particularly clinical legal education, field work, street law, pro bono service, legal advice, simulations, placements/internships, moot courts and mock trials, problem-based learning, case analysis, group work, role-play, and brainstorming. The book brings together 28 chapters written by leading legal scholars from across the globe, all concerned with the advancement of legal education, with making it more interactive, and contributing to bridging the gap between powerful and powerless communities.
Constitutionalism In Islamic Countries Between Upheaval And Continuity
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Author : Rainer Grote
language : en
Publisher: Oxford University Press
Release Date : 2012-01-11
Constitutionalism In Islamic Countries Between Upheaval And Continuity 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 2012-01-11 with Law categories.
Constitutionalism in Islamic Countries: Between Upheaval and Continuity examines the question of whether something similar to an "Islamic constitutionalism" has emerged out of the political and constitutional upheaval witnessed in many parts of North Africa, the Middle East, and Central and Southern Asia. In order to identify its defining features and to assess the challenges that Islamic constitutionalism poses to established concepts of constitutionalism, this book offers an integrated analysis of the complex frameworks in Islamic countries, drawing on the methods and insights of comparative constitutional law, Islamic law, international law and legal history. European and North American experiences are used as points of reference against which the peculiar challenges, and the specific answers given to those challenges in the countries surveyed, can be assessed. The book also examines ways in which the key concepts of constitutionalism, including fundamental rights, separation of powers, democracy and rule of law, may be adapted to an Islamic context, thus providing valuable new insights on the prospects for a genuine renaissance of constitutionalism in the Islamic world in the wake of the "Arab spring."
Law And Revolution
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Author : Nimer Sultany
language : en
Publisher: Oxford University Press
Release Date : 2017
Law And Revolution written by Nimer Sultany 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 2017 with History categories.
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Entry Points To Palestinian Security Sector Reform
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Author : Roland Friedrich
language : en
Publisher: DCAF
Release Date : 2007
Entry Points To Palestinian Security Sector Reform written by Roland Friedrich and has been published by DCAF this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with History categories.
"Original versions: English and Arabic, Geneva and Ramallah, 2007"--T.p. verso.
The Palestinian Constitutional Court
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Author : Osayd Awawda
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2022-02-06
The Palestinian Constitutional Court written by Osayd Awawda and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-06 with Law categories.
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.
Sovereignty In Action
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Author : Bas Leijssenaar
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
Sovereignty In Action written by Bas Leijssenaar 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 2019-07-18 with History categories.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.