Author: Michelle Tusan
Publisher:
ISBN: 9781524930486
Category :
Languages : en
Pages :

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Book Description

Author: Japan
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 74

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Book Description

Author: Nathan J. Brown
Publisher: State University of New York Press
ISBN: 079148968X
Category : Political Science
Languages : en
Pages : 263

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Book Description
The collapse of authoritarian regimes and the global resurgence of liberal democracy has led to a renewed interest in constitutions and constitutionalism among scholars and political activists alike. This book uses the Arab experience to explain the appeal of constitutional documents to authoritarian regimes and assesses the degree to which such constitutions can be used in the effort to make the regimes more accountable.

Author: H. Kumarasingham
Publisher: Routledge
ISBN: 1317245105
Category : History
Languages : en
Pages : 223

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Book Description
Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Author: Gary Lawson
Publisher: Yale University Press
ISBN: 0300128967
Category : Law
Languages : en
Pages : 284

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Book Description
The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

Author: Sam Erman
Publisher: Cambridge University Press
ISBN: 1108415490
Category : History
Languages : en
Pages : 293

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Book Description
Tells the tragic story of Puerto Ricans who sought the post-Civil War regime of citizenship, rights, and statehood but instead received racist imperial governance.

Author: Mary Sarah Bilder
Publisher: Harvard University Press
ISBN: 9780674020948
Category : History
Languages : en
Pages : 320

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Book Description
Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.

Author: Alex Imrie
Publisher: BRILL
ISBN: 900436823X
Category : History
Languages : en
Pages : 191

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Book Description
In The Antonine Constitution, Alex Imrie approaches the famous edict of AD 212 from numerous angles, offering an assessment of its rationale that is rooted in the dynamic period of the early third century. Controversial since its discovery, it is depicted here as a keystone in Caracalla’s attempt to revolutionise the public image of the Severan dynasty after murdering his brother. There is an inherent paradox between the apparently progressive nature of the edict, and the volatile emperor responsible for it. The enigma is only heightened by a dearth of ancient evidence relating to the legislation. By combining literary and material evidence with the surviving papyrological record, Alex Imrie shows that Caracalla’s rationale is best understood in an embedded context.

Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 0807876879
Category : Law
Languages : en
Pages : 505

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Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Author: H. V. Bowen
Publisher: Cambridge University Press
ISBN: 110702014X
Category : Business & Economics
Languages : en
Pages : 485

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Book Description
A comparative study of how the British managed the expansion of empire in the Atlantic and Indian Ocean.