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Political Culture and Constitutionalism A Comparative Approach

Political Culture and Constitutionalism  A Comparative Approach Author Daniel P. Franklin
ISBN-10 9781315483238
Release 2016-09-16
Pages 272
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This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.



Politics and Social Change in Latin America

Politics and Social Change in Latin America Author Howard J. Wiarda
ISBN-10 0275970329
Release 2003
Pages 309
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New edition of a pioneering exploration of Latin American politics and political culture.



Comparative Matters

Comparative Matters Author Ran Hirschl
ISBN-10 9780191023897
Release 2014-08-14
Pages 304
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Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.



New Democracies in Crisis

New Democracies in Crisis Author Paul Blokker
ISBN-10 9781134469376
Release 2013-09-05
Pages 216
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This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.



The Changing Role of the State in Latin America

The Changing Role of the State in Latin America Author Menno Vellinga
ISBN-10 UTEXAS:059173004901543
Release 1998
Pages 312
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In recent years state power in Latin American countries has been significantly decentralized, and the state has withdrawn from direct intervention in the economy. This book examines the consequences of the redefinition of the state for processes of democratization and state-civil society relations.



Choice

Choice Author
ISBN-10 STANFORD:36105131538881
Release 2007
Pages
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Choice has been writing in one form or another for most of life. You can find so many inspiration from Choice also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Choice book for free.



Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa Author Andrea Lollini
ISBN-10 9781845457648
Release 2011-01-15
Pages 221
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Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the 'shocking' South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.



Routledge Handbook of Politics in Asia

Routledge Handbook of Politics in Asia Author Shiping Hua
ISBN-10 9781317238737
Release 2018-03-15
Pages 624
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The Routledge Handbook of Politics in Asia is designed to serve as a comprehensive reference guide to politics in Asia. Covering East, South, Southeast, and Central Asia, this handbook brings together the work of leading international academics to cover the political histories, institutions, economies, and cultures of the region. Taking a comparative approach, it is divided into four parts, including: A thorough introduction to the politics of the four regions of Asia from the perspectives of democratization, foreign policy, political economy, and political culture. An examination of the "Big Three" of Asia – China, India, and Japan – focusing on issues including post-Mao reform, China’s new world outlook, Indian democracy, and Japanese foreign policy. A discussion of important contemporary issues, such as human rights, the politics of the internet, security, nationalism, and geopolitics. An analysis of the relationship between politics and certain theoretical ideas, such as Confucianism, Hinduism, socialist constitutionalism, and gender norms. As an invaluable and all-inclusive resource, this handbook will be useful for students, scholars, researchers, and practitioners of Asian politics and comparative politics.



Foundations of Comparative Politics

Foundations of Comparative Politics Author Kenneth Newton
ISBN-10 9781316552902
Release 2016-05-12
Pages
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The new edition of this leading overview of comparative politics once again blends theory and evidence across democratic systems to provide unparalleled coverage. The student-friendly structure and clear, concise writing ensure that complex issues are clearly explained and students engage with the key theories. The third edition is updated throughout, with a new chapter, 'Public Spending and Public Policies', increased coverage of defective democracies, and revised coverage of e-democracy and the power of the media. The pedagogy is simplified with a focus on 'Briefings' and 'Controversies' that feature examples from across the globe, alongside clear key terms, 'What We Have Learned' and 'Lessons of Comparison' sections, and a wealth of online materials to complete a rich teaching and learning package.



In land we trust

In land we trust Author Calestous Juma
ISBN-10 UOM:39015040985809
Release 1996
Pages 462
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Land tenure is a sensitive issue in Africa and a central theme in the demand for political and economic reform in the region. While traditional development strategies aim for maximum economic growth, new approaches emphasize conservation. The governing of land use is also central to the overall scheme of national governance - the constitution. This book examines the relationship between land ownership and the conservation of natural resources, using the case of Kenya. It proposes specific measures for achieving a balance between private ownership and public interest, and between conservation and economic growth.



Interpreting Constitutions

Interpreting Constitutions Author Jeffrey Denys Goldsworthy
ISBN-10 9780199274130
Release 2006-02-09
Pages 353
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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.



Sociological Constitutionalism

Sociological Constitutionalism Author Paul Blokker
ISBN-10 9781107124042
Release 2017-09-30
Pages 300
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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.



Comparative Politics an Institutional and Cross national Approach

Comparative Politics   an Institutional and Cross national Approach Author Gregory S. Mahler
ISBN-10 0130915696
Release 2002
Pages 434
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This text is appropriate for comparative politics, world politics, and global politics courses taught at the university level. The Canadian edition of Comparative Politics: An Institutional and Cross-National Approach provides students and instructors with a balance of the theoretical, institutional and polity specific approaches. Emphasis is placed on political institutions because of their ease of comparison, their facility of identification and classification, and the extent to which they lend themselves to analysis. Comparative Politics gives students both the tools and the perspective to undertake a meaningful cross-national introduction to the political world in which they must operate.



African Constitutionalism and the Role of Islam

African Constitutionalism and the Role of Islam Author ʻAbd Allāh Aḥmad Naʻīm
ISBN-10 0812239628
Release 2006
Pages 199
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African Constitutionalism and the Role of Islam Abdullahi Ahmed An-Na'im Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? "African Constitutionalism and the Role of Islam" seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept--that of of nation-state--and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa. Abdullahi Ahmed An-Na'im is Charles Howard Candler Professor of Law at Emory University School of Law. He is the author of "Toward an Islamic Reformation" (1990). He is also editor of several books, including "Human Rights Under African Constitutions" and "Human Rights in Cross-Cultural Perspectives," both available from the University of Pennsylvania Press. Pennsylvania Studies in Human Rights 2006 - 216 pages - 6 x 9 ISBN 978-0-8122-3962-1 - Cloth - $65.00s - 42.50 World Rights - Law, Political Science Short copy: Constitutionalism is becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? "African Constitutionalism and the Role of Islam" seeks to answer these questions."



Comparative Constitutionalism

Comparative Constitutionalism Author Norman Dorsen
ISBN-10 0314290680
Release 2016-07
Pages 1750
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This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.



The Oxford Handbook of Comparative Constitutional Law

The Oxford Handbook of Comparative Constitutional Law Author Michel Rosenfeld
ISBN-10 9780191640179
Release 2012-05-17
Pages 1416
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.



The New Institutional Politics

The New Institutional Politics Author Svante Ersson
ISBN-10 9781134672257
Release 2002-01-31
Pages 352
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The New Institutional Politics is a comparative study of the impact of political institutions upon outcomes, and covers some of the major themes in the new institutionalism. It looks at how various democratic institutions like Konkordanzdemokratie or corporatism promote better outcomes than Westminster institutions. The evaluation of the performance of political institutions covers the executive, the legislature and the judicial system. The book also looks at economic outcomes such as affluence and GDP growth as well as social ones like income distribution and quality of life. It examines the problems of institutional effects in democracies and dictatorships and provides analysis of some of the major models in political science. This is an exploration of how political institutions matter for political, economic and social outcomes. It estimates their impact in relation to other major factors such as culture and social structure. It is written for political scientists and graduates studying comparative politics.