Constitutions and Constitutional Trends Since World War II PDF Download

Author: Arnold John Zurcher
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 368

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Author: Denis J. Galligan
Publisher: Cambridge University Press
ISBN: 1107032881
Category : Law
Languages : en
Pages : 693

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Book Description
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.

Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

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Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Author: G Van Der Tang
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641157
Category : Business & Economics
Languages : en
Pages : 349

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Book Description

Author: Andrew Arato
Publisher: Cambridge University Press
ISBN: 1108515215
Category : Law
Languages : en
Pages : 484

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Book Description
Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the 18th Century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.

Author: Jan-Erik Lane
Publisher: Manchester University Press
ISBN: 9780719046483
Category : Political Science
Languages : en
Pages : 310

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Book Description
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.

Author: Henry Steele Commager
Publisher: Mohr Siebeck
ISBN: 9783166333021
Category : Law
Languages : en
Pages : 534

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Book Description

Author: Rett R. Ludwikowski
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 664

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Book Description
Contains texts of constitutions of various countries which were once part of the U.S.S.R.

Author: Robert E. Ward
Publisher: University of Hawaii Press
ISBN: 0824880722
Category : History
Languages : en
Pages : 571

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Book Description
The value of this book resides in the interweaving of Japanese and American scholarship and viewpoints on a number of aspects of the total Occupation experience that are of critical importance to a historical explanation of its accomplishments or shortfalls. Attention is given to the new constitution of 1946-1947, the most fundamental institutional change wrought by the Occupation's major programs of institutional and procedural reform and the formation and early development of the conservative and reformist parties.

Author: Carl Friedrich
Publisher: Routledge
ISBN: 1351493051
Category : Political Science
Languages : en
Pages : 260

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Book Description
Professor C.E. Black of Princeton University called this "a valuable contribution to our understanding of the revolutionary movements that are now a worldwide phenomenon. It includes thoughtful essays on many varieties of revolution, considered in the light both of past developments and future prospects. The twentieth century was an age of revolution. Over many areas of the world the two great ideologies of nationalism and communism spawned violent upheavals, often differing in form but aiming at the transformation of the existing order by means of coups d'etat, revolutions, and "wars of national liberation." Eleven distinguished political scientists and policy theorists offer a penetrating analysis of the theoretical and substantive aspects of revolution. Their scholarly, lucid, and well-balanced essays explore the revolutionary theories and experience of several centuries and apply them to the most crucial problem of this century. Carl J. Friedrich argues that it is the failure of government, which is at the core of the political revolution, and shows that constitutional regimes that have allowed "little revolutions" promoting gradual political and social change have been singularly free of revolutionary upheaval. Presenting the thinking of some of the best minds of the 20th century, this volume offers important guideposts for the future study of the etiology of revolutions. Here are not mere speculative and historical distillations, but new insights and conclusions regarding the origin, purpose, and impact of revolution on the world of today and tomorrow. An indispensable work for every student and scholar of comparative politics, international relations, and the history and theory of Communism, it will also be welcomed by the statesman and the educated layman who want to probe the causes of the historical upheavals of our time.