The Politics Of Constitutional Reform In North America
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The Politics Of Constitutional Reform In North America
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Author : Rainer-Olaf Schultze
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
The Politics Of Constitutional Reform In North America written by Rainer-Olaf Schultze and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Political Science categories.
In October 1999, some fifteen academic experts and government practitio ners from Germany and North America gathered for two days at the Uni ver sity of Augsburg to discuss the topic of "Constitutional Reform and Consti tutional Jurisprudence in Canada and the United States." The present volume documents the results of that conference, a collaborative effort of the De partment of Political Science, University of Erlangen-Nuremberg, and the Institute for Canadian Studies, University of Augsburg. In organizing this workshop, we were guided by two basic sets of ideas and assumptions: First, all "established" democracies are regularly confron ted with the need to adjust their constitutional order to changes in their envi ronment lest democratic stability be transformed into rigidity; in many wes tern nations, including Canada and the United States, developments such as the crisis of the Keynesian welfare-state or the emergence of increasingly heterogeneous, postmodern societies have ushered in an era of heightened, yet not always successful constitutional reform activity. Secondly, however, there is no unique path towards, or model of, an "optimal" constitutional order, however defined; rather, constitutional reform processes, their under Iying normative principles and their outcomes are strongly path and context dependent. Therefore, the participants of the workshop and authors of this volume were asked to examine the specific preconditions, context, nature and impact of recent constitutional reform processes in the Uni ted States and Canada.
The Politics Of Constitutional Reform In North America
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Author : Rainer-Olaf Schultze
language : en
Publisher:
Release Date : 2014-01-15
The Politics Of Constitutional Reform In North America written by Rainer-Olaf Schultze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-15 with categories.
Charter Versus Federalism
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Author : Alan C. Cairns
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 1992-02-18
Charter Versus Federalism written by Alan C. Cairns and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-02-18 with Political Science categories.
Responding to the increasing diversity of the Canadian population -- and to an increasing sensitivity to historical diversities -- the 1982 Constitution Act amended the British North America Act and introduced the Charter of Rights and Freedoms, giving new powers to heterogeneous groups within the Canadian polity. These changes disturbed the equilibrium of an older, federalist Canada whose constitutional concerns were limited to the relative powers of federal and provincial governments and to French-English ethnic/linguistic questions. Cairns underlines the significance of international influences on the development of Canada's constitution, in particular the adoption of the Charter, and examines the constitution's role in shaping Canadians' civic identities and community conceptions. He argues that the constitution is a powerful mobilizing instrument that shapes the people subject to its authority. Canada is now populated by what Cairns calls "Charter Canadians," who see themselves as rights-bearers and tend to look to the federal government as the effective focus of political community. During the Meech Lake affair, the demands of Charter Canadians and politicized aboriginal peoples clashed with Quebec's constitutional aspirations as well as older élite accommodation politics. In addition to the Charter, the 1982 Constitution Act contained a new amending formula that contradicted the Charter's message that the rights of individuals precede those of governments. This formula gave a collective of federal and provincial governments a formal monopoly on constitutional change and encouraged the belief, refuted by the Meech Lake experience, that they could amend the constitution in terms of their own self-interest and announce the results as a fait accompli. The clash between the Charter and the amending formula is constitutionally destabilizing, Cairns argues, because these two parts of the same constitution are based on different understandings of the fundamental purpose of the constitution and for whose benefit it exists. The Meech Lake fiasco, having brought Canada to the brink of disaster, clearly indicates that Canada's future constitutional health depends not only on the reconciliation of Quebec with the rest of Canada but -- respectful of the Charter's message -- on a simultaneous constitutional rapprochement between citizens and governments in the process of constitutional reform.
Constitutional Reform In America
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Author : Charles Meyer Hardin
language : en
Publisher: Ames : Iowa State University Press
Release Date : 1989
Constitutional Reform In America written by Charles Meyer Hardin and has been published by Ames : Iowa State University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
Hardin argues that the major threat to American constitutional government is the separation of powers doctrine, particularly the division of power between the President and Congress. To correct the imbalance wrought by the separation of powers principle, he suggests constitutional reform toward a form of parliamentary government. He advocates three major reforms: provide defeated presidential candidates with a seat in the House of Representatives to encourage a strong, organized opposition; allow for interim election-year changes in national leadership via votes of confidence; and institute the 4-8-4 proposal that would elect the House of Representatives and half of the Senate every four years (if Senate terms were extended to eight years) at the same time as the election of the President. He also provides a critical review of the literature on constitutional government and reform. ISBN 0-8138-0118-4: $27.95.
Hidden Laws
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Author : Robinson Woodward-Burns
language : en
Publisher: Yale University Press
Release Date : 2021-06-29
Hidden Laws written by Robinson Woodward-Burns and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-29 with Political Science categories.
How state constitutional reform guides and stabilizes American constitutional and political development State constitution reform guides and stabilizes American constitutional and political development. Using data sets and historical case studies, Robinson Woodward†‘Burns shows how the federal government has repeatedly deferred to state constitutional reform to manage or address difficult national constitutional controversies, including conflicts over the regulation of slavery, banking and taxation, women’s suffrage, labor and welfare rights, voting and civil rights, and gender discrimination.
Recreating The American Republic
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Author : Charles A. Kromkowski
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-16
Recreating The American Republic written by Charles A. Kromkowski 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 2002-09-16 with Political Science categories.
Political historians recognize the colonial years and the American Revolution, the early national era and the 1787 Constitutional Convention, the nineteenth century and the American Civil War as the three most important eras in American history. Recreating the American Republic offers the first comparative historical analysis and synthesis of these.
State Constitutions For The Twenty First Century Volume 3
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Author : G. Alan Tarr
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
State Constitutions For The Twenty First Century Volume 3 written by G. Alan Tarr and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Political Science categories.
This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.
Comparing Transitions To Democracy Law And Justice In South America And Europe
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Author : Cristiano Paixão
language : en
Publisher: Springer Nature
Release Date : 2021-10-01
Comparing Transitions To Democracy Law And Justice In South America And Europe written by Cristiano Paixão and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Constituents Before Assembly
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Author : Todd A. Eisenstadt
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-03
Constituents Before Assembly written by Todd A. Eisenstadt 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 2017-07-03 with Law categories.
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Federalism And Constitutional Change
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Author : William S. Livingston
language : en
Publisher: Praeger
Release Date : 1956
Federalism And Constitutional Change written by William S. Livingston and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1956 with Law categories.
Study examines the nature of federal government by picturing its workings as a process in which the diversified elements that compose a federal state integrate and compromise their differences, rather than as a set of institutions and procedures whose operation is wholly determined by the legal norms and structures.