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Author: Todd A. Eisenstadt Publisher: Cambridge University Press ISBN: 1107168228 Category : Law Languages : en Pages : 223
Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author: Todd A. Eisenstadt Publisher: Cambridge University Press ISBN: 1107168228 Category : Law Languages : en Pages : 223
Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author: Todd A. Eisenstadt Publisher: ISBN: 9781316749029 Category : Constitutional law Languages : en Pages : 224
Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory
Author: Jon Elster Publisher: Cambridge University Press ISBN: 1108427529 Category : Biography & Autobiography Languages : en Pages : 267
Book Description
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
Author: Jeffrey A. Lenowitz Publisher: Oxford University Press ISBN: 019259348X Category : Law Languages : en Pages : 401
Book Description
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.
Author: Donald L. Horowitz Publisher: Yale University Press ISBN: 0300254369 Category : Political Science Languages : en Pages : 284
Book Description
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Author: Satang Nabaneh Publisher: Pretoria University Law Press ISBN: Category : Law Languages : en Pages : 372
Book Description
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.
Author: Okon Akiba Publisher: Routledge ISBN: 0429676123 Category : Political Science Languages : en Pages : 366
Book Description
Political Change and Constitutionalism in Africa examines the complexities of government and obstacles facing constitutional democracy in transitional African societies. The chapters provide a critical, conceptual framework to probe, interpret and understand the dimensions of current and impending challenges to constitutional government in the African continent. The contributors explain why deep inequalities and harsh repression persist in most transitional African countries, despite constitutionally guaranteed rights and the ongoing, practical efforts to expand participation through political liberalization. The book demonstrates the importance of sustaining in public confidence in democracy and provides provocative ideas about how to deal with new, prodigious configurations of power that are stubbornly resisting real institutional change. Political Change and Constitutionalism in Africa will be of interest to scholars of African politics and constitutional politics.
Author: Tofigh Maboudi Publisher: Cambridge University Press ISBN: 1009020714 Category : Law Languages : en Pages : 287
Book Description
Constitutional bargains are seen as cornerstones of democratic transitions in much of the world. Yet very few studies have theorized about the link between constitution-making and democratization. Shifting the focus on democratization away from autocratic regime break down, this book considers the importance of inclusive constitution-building for democratization. In this pathbreaking volume, Tofigh Maboudi draws on a decade of research on the Arab Spring to explain when and how constitutional bargains facilitate (or hinder) democratization. Here, he argues that constitutional negotiations have a higher prospect of success in establishing democracy if they resolve societal, ideological, and political ills. Emphasizing the importance of constitution-making processes, Maboudi shows that constitutions can resolve these problems best through participatory and inclusive processes. Above all, The 'Fall' of the Arab Spring demonstrates that civil society is the all-important link that connects constitutional bargaining processes to democratization.
Author: Andrew Arato Publisher: Cambridge University Press ISBN: 1107126797 Category : Law Languages : en Pages : 483
Book Description
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
Author: Mokbul Ali Laskar Publisher: Notion Press ISBN: 9352062396 Category : Education Languages : en Pages : 583
Book Description
"This book is a detailed overview of the institutional and historical trajectory of Indian federalism, including both territorial and non-territorial aspects of Indian federalism. An extensive analysis has been made of the various federal policy measures adopted by different rulers from time to time, particularly with an emphasis on federalism under the British colonial rule and the role of princely states in Indian federalism. It has made a critical analysis of the Constituent Assembly Debates on federalism and the role of political leaders in shaping of Indian federalism. Further, a critical analysis has been made about the changing nature and dynamics of Indian federalism in the post-independent India including the contemporary debates on various aspects of Indian federalism. The book is an important compendium for those wishing to have first-hand information on Indian federalism and may be very useful for scholars interested in center-state relations. It can be an important guide for researchers in identifying various research questions for further study on Indian federalism. Most importantly, it can be a very useful course book for students or professionals for whom the existing shorter introductions to the subject may not suffice. Any undergraduate student who needs to undertake an advance level study on Indian Politics and Government or Indian federalism will find the book very useful. International readers of comparative politics will also find the book useful. Additionally, the book may be useful for those who are interested in Indian Administrative Services (IAS) and for the politicians as well."
Author: Todd A. Eisenstadt
Author: Todd A. Eisenstadt
Author: Todd A. Eisenstadt
Author: Jon Elster
Author: Jeffrey A. Lenowitz
Author: Donald L. Horowitz
Author: Satang Nabaneh
Author: Okon Akiba
Author: Tofigh Maboudi
Author: Andrew Arato
Author: Mokbul Ali Laskar