Constitutionalism in the Emergent States PDF Download

Author: Benjamin Obi Nwabueze
Publisher: Rutherford [N.J.] : Fairleigh Dickinson University Press
ISBN:
Category : Political Science
Languages : en
Pages : 336

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Book Description
Offers a legal analysis of revolutions, coups d'etat, acts of secession and other manifestations of constitutional breakdown, and reviews the formidable body of case law on those subjects that has already emerged--from Pakistan, Cyprus, Rhodesia, Uganda, Nigeria, and Ghana.

Author: B. O. Nwabueze
Publisher:
ISBN: 9780905838014
Category : Constitutional law
Languages : en
Pages : 323

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Book Description

Author: Douglas Greenberg
Publisher: Oxford University Press
ISBN: 0195361253
Category : Law
Languages : en
Pages : 416

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Book Description
The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Author: Scott GORDON
Publisher: Harvard University Press
ISBN: 0674037839
Category : Political Science
Languages : en
Pages : 408

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Book Description
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.

Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383

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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Author: Nicholas Tsagourias
Publisher: Cambridge University Press
ISBN: 113946468X
Category : Law
Languages : en
Pages : 348

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Book Description
An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Category : Law
Languages : en
Pages : 402

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Book Description
This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

Author: Gunther Teubner
Publisher: Oxford University Press
ISBN: 0199644675
Category : Law
Languages : en
Pages : 226

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Book Description
The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.

Author: Berihun Adugna Gebeye
Publisher: Oxford University Press
ISBN: 0192893920
Category : Law
Languages : en
Pages : 273

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Book Description
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Author: John Hatchard
Publisher: Cambridge University Press
ISBN: 1139451227
Category : Law
Languages : en
Pages : 389

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Book Description
The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.