The New Constitutional Order


The New Constitutional Order
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The New Constitutional Order


The New Constitutional Order
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09

The New Constitutional Order written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-09 with Law categories.


In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.



The Gambia In Transition Towards A New Constitutional Order


The Gambia In Transition Towards A New Constitutional Order
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Author : Satang Nabaneh
language : en
Publisher: Pretoria University Law Press
Release Date : 2022-09-01

The Gambia In Transition Towards A New Constitutional Order written by Satang Nabaneh and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-01 with Law categories.


The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a ‘New Gambia.’ The country is at a critical juncture in its transition from Jammeh’s autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large.



Hong Kong S New Constitutional Order


Hong Kong S New Constitutional Order
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Author : Yash Ghai
language : en
Publisher: Hong Kong University Press
Release Date : 1997-05-01

Hong Kong S New Constitutional Order written by Yash Ghai and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.


This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.



Kenya


Kenya
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Author : Godwin R. Murunga
language : en
Publisher: Zed Books Ltd.
Release Date : 2014-12-11

Kenya written by Godwin R. Murunga and has been published by Zed Books Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-11 with Political Science categories.


The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.



A Confucian Constitutional Order


A Confucian Constitutional Order
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Author : Jiang Qing
language : en
Publisher: Princeton University Press
Release Date : 2012-10-28

A Confucian Constitutional Order written by Jiang Qing and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-28 with Political Science categories.


What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.



Rights And Constitutionalism


Rights And Constitutionalism
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Author : Dawid Hercules Van Wyk
language : en
Publisher:
Release Date : 1996

Rights And Constitutionalism written by Dawid Hercules Van Wyk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.


This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.



Judicial Accountability In The New Constitutional Order


Judicial Accountability In The New Constitutional Order
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Author : Jill Cottrell
language : en
Publisher:
Release Date : 2016

Judicial Accountability In The New Constitutional Order written by Jill Cottrell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Courts categories.




Gambia In Transition


Gambia In Transition
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Author : Satang Nabaneh
language : en
Publisher:
Release Date : 2022

Gambia In Transition written by Satang Nabaneh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Constitutional law categories.


The Gambia opened a new chapter in her history after 22 years of authoritarian rule under former dictator Yahya Jammeh, heralding the promise of a 'New Gambia.' The country is at a critical juncture in its transition from Jammeh's autocratic rule to a fully-fledged democracy. The ambitious transitional processes include the Truth Reparations and Reconciliation Commission to create an official record of past abuses and crimes, the Constitutional Review Commission to draft a new Constitution, and the permanent National Human Rights Commission to build a human rights culture. The Gambia in transition: Towards a new constitutional order is a diverse collection of timely, rigorous, and insightful essays on human rights, constitutional reform, rule of law and democratic governance. It serves as an important reference for academics, policymakers, researchers, civil society organisations, human rights defenders, learners, and the public at large."



New Constitutional Law Of Kenya


New Constitutional Law Of Kenya
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Author : Morris Kiwinda Mbondenyi
language : en
Publisher: Lawafrica Publ.
Release Date : 2013

New Constitutional Law Of Kenya written by Morris Kiwinda Mbondenyi and has been published by Lawafrica Publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.


The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.



A New Constitutional Order For Tanzania


A New Constitutional Order For Tanzania
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Author : Robert V. Makaramba
language : en
Publisher: Friedrich-Ebert Stiftung Women Project
Release Date : 1997-01-01

A New Constitutional Order For Tanzania written by Robert V. Makaramba and has been published by Friedrich-Ebert Stiftung Women Project this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Civil rights categories.