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Author: Rosalind Dixon Publisher: Cambridge University Press ISBN: 1108246362 Category : Law Languages : en Pages : 471
Book Description
The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.
Author: Rosalind Dixon Publisher: Cambridge University Press ISBN: 1108246362 Category : Law Languages : en Pages : 471
Book Description
The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.
Author: A.V. Dicey Publisher: Springer ISBN: 134917968X Category : Social Science Languages : en Pages : 729
Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Mary Sarah Bilder Publisher: Harvard University Press ISBN: 0674055276 Category : History Languages : en Pages : 383
Book Description
Winner of the Bancroft Prize Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic Finalist, Literary Award for Nonfiction, Library of Virginia Finalist, George Washington Prize James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account? “[A] superb study of the Constitutional Convention as selectively reflected in Madison’s voluminous notes on it...Scholars have been aware that Madison made revisions in the Notes but have not intensively explored them. Bilder has looked closely indeed at the Notes and at his revisions, and the result is this lucid, subtle book. It will be impossible to view Madison’s role at the convention and read his Notes in the same uncomplicated way again...An accessible and brilliant rethinking of a crucial moment in American history.” —Robert K. Landers, Wall Street Journal
Author: Pauline Maier Publisher: Simon and Schuster ISBN: 0684868555 Category : History Languages : en Pages : 608
Book Description
The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
Author: Charles M Fombad Publisher: Oxford University Press ISBN: 0198906307 Category : Law Languages : en Pages : 353
Book Description
This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.
Author: Alicia Pastor y Camarasa Publisher: Taylor & Francis ISBN: 1040035752 Category : Law Languages : en Pages : 228
Book Description
This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.
Author: Swati Jhaveri Publisher: Bloomsbury Publishing ISBN: 1509948864 Category : Law Languages : en Pages : 536
Book Description
South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.
Author: Keith E. Whittington Publisher: Princeton University Press ISBN: 1400827752 Category : Law Languages : en Pages : 320
Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Author: Rosalind Dixon Publisher: Edward Elgar Publishing ISBN: 1839106891 Category : Law Languages : en Pages : 419
Book Description
This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
Author: Rosalind Dixon
Author: Rosalind Dixon
Author: Rosalind Dixon
Author: A.V. Dicey
Author: Mary Sarah Bilder
Author: Pauline Maier
Author: Charles M Fombad
Author: Alicia Pastor y Camarasa
Author: Swati Jhaveri
Author: Keith E. Whittington
Author: Rosalind Dixon