The Informal Constitution
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The Informal Constitution
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Author : Abhinav Chandrachud
language : en
Publisher: Oxford University Press
Release Date : 2020-11-30
The Informal Constitution written by Abhinav Chandrachud 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 2020-11-30 with Law categories.
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
The Counterinsurgent S Constitution
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Author : Ganesh Sitaraman
language : en
Publisher: Oxford University Press
Release Date : 2013
The Counterinsurgent S Constitution written by Ganesh Sitaraman 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 2013 with History categories.
Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
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.
The Oxford Handbook Of Constitutional Law In Latin America
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Author : Conrado Hübner Mendes
language : en
Publisher: Oxford University Press
Release Date : 2021-12-25
The Oxford Handbook Of Constitutional Law In Latin America written by Conrado Hübner Mendes 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 2021-12-25 with Law categories.
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.
Constitutional Democracy In Indonesia
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Author : Melissa Crouch
language : en
Publisher: Oxford University Press
Release Date : 2022-11-25
Constitutional Democracy In Indonesia written by Melissa Crouch 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 2022-11-25 with Business & Economics categories.
Constitutional Democracy in Indonesia discusses the ongoing debates over the meaning, implementation, and practice of constitutional democracy in Indonesia. Current legal issues are analysed in light of social, political, and economic reforms since the constitution's entering into force.
Constitutional Courts In Asia
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Author : Hongyi Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20
Constitutional Courts In Asia written by Hongyi Chen 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 2018-09-20 with Law categories.
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
The Constitution Of English Literature
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Author : Michael Gardiner
language : en
Publisher: A&C Black
Release Date : 2013-07-18
The Constitution Of English Literature written by Michael Gardiner and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Literary Criticism categories.
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. In this extended essay, Michael Gardiner examines the ideology of the discipline of English Literature in the light of the serious redefining work on England and Englishness that has been conducted in Political Studies in the last decade. He argues that English Literature emerges from the development of the state and that consequently it has suppressed the idea of the nation. His claim is that English Literature has lost its form since its methodology and canonicity depended so heavily on a constitutional form which can no longer be defended. He calls upon those working in English Literature to recognise that they are not really participating in the same discipline, defined by the Burkean constitutional settlement, even if they think of themselves as writing 'within the canon'. His view is that a lack of appreciation of 'hard-edged' political factors have led to a 'continuant' and regressive form of English Literature which tends to hang on to stifling methodologies. In its place, he appeals for the creation of a more open-ended, inclusive, internationalist, and comparative 'literature of England'.
Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Oxford University Press
Release Date : 2019-07-15
Constitutional Amendments written by Richard Albert 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 2019-07-15 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.
The Global Encyclopaedia Of Informality Volume 2
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Author : Alena Ledeneva
language : en
Publisher: UCL Press
Release Date : 2018-01-17
The Global Encyclopaedia Of Informality Volume 2 written by Alena Ledeneva and has been published by UCL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-17 with Political Science categories.
Alena Ledeneva invites you on a voyage of discovery to explore society’s open secrets, unwritten rules and know-how practices. Broadly defined as ‘ways of getting things done’, these invisible yet powerful informal practices tend to escape articulation in official discourse. They include emotion-driven exchanges of gifts or favours and tributes for services, interest-driven know-how (from informal welfare to informal employment and entrepreneurship), identity-driven practices of solidarity, and power-driven forms of co-optation and control. The paradox, or not, of the invisibility of these informal practices is their ubiquity. Expertly practised by insiders but often hidden from outsiders, informal practices are, as this book shows, deeply rooted all over the world, yet underestimated in policy. Entries from the five continents presented in this volume are samples of the truly global and ever-growing collection, made possible by a remarkable collaboration of over 200 scholars across disciplines and area studies. By mapping the grey zones, blurred boundaries, types of ambivalence and contexts of complexity, this book creates the first Global Map of Informality. The accompanying database (www.in-formality.com) is searchable by region, keyword or type of practice, so do explore what works, how, where and why! Praise for Global Encyclopaedia of Informality ‘The Global Informality Project unveils new ways of understanding how the state functions and ways in which civil servants and citizens adapt themselves to different local contexts by highlighting the diversity of the relationships between state and society. The project is of great interest to policymakers who want to imagine solutions that are benefi cial for all, but sufficiently pragmatic to ensure a seamless implementation, particularly in the field of cross-border trade in developing countries.’ - Kunio Mikuriya, Secretary General of the World Customs Organisation, Brussels ‘An extremely interesting and stimulating collection of papers. Ledeneva’s challenging ideas, first applied in the context of Russia’s economy of shortage, came to full blossom and are here contextualized by practices from other countries and contemporary systems. Many original and relevant practices were recognized empirically in socialist countries, but this book shows their generality.’ - János Kornai, Allie S. Freed Professor of Economics Emeritus at Harvard and Professor Emeritus at Corvinus University of Budapest ‘Alena Ledeneva’s Global Encyclopedia of Informality is a unique contribution, providing a global atlas of informal practices through the contributions of over 200 scholars across the world. It is far more rewarding for the reader to discover how commonalities of informal behavior become apparent through this rich texture like a complex and hidden pattern behind local colors than to presume top down universal benchmarks of good versus bad behavior. This book is a plea against reductionist approaches of mathematics in social science in general, and corruption studies in particular and makes a great read, as well as an indispensable guide to understand the cultural richness of the world.’ - Alina Mungiu-Pippidi, Professor of Democracy Studies, Hertie School of Governance, Berlin ‘Transformative scholarship in method, object, and consequence. Ledeneva and her networked expertise not only enable us to view the informal comparatively, but challenge conventionally legible accounts of membership, markets, domination and resistance with these rich accounts from five continents. This project offers nothing less than a social scientific revolution… if the broader scholarly community has the imagination to follow through. And by globalizing these informal knowledges typically hidden from view, the volumes’ contributors will extend the imaginations of those business consultants, movement mobilizers, and peace makers who can appreciate the value of translation from other world regions in their own work.’ Michael D. Kennedy, Professor of Sociology and International and Public Aff irs, Brown University and author of Globalizing Knowledge ‘Don’t mistake these weighty volumes for anything directory-like or anonymous. This wonderful collection of short essays, penned by many of the single best experts in their fields, puts the reader squarely in the kinds of conversations culled only after years of friendship, trust, and with the keen eye of the practiced observer. Perhaps most importantly, the remarkably wide range of offerings lets us “de-parochialise” corruption, and detach it from the usual hyper-local and cultural explanations. The reader, in the end, is the one invited to consider the many and striking commonalities.’ Bruce Grant, Professor at New York University and Chair of the US National Council for East European and Eurasian Research