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Author: George Anderson Publisher: Oxford University Press ISBN: 0192573616 Category : Law Languages : en Pages : 556
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author: George Anderson Publisher: Oxford University Press ISBN: 0192573616 Category : Law Languages : en Pages : 556
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author: George Anderson Publisher: Oxford University Press ISBN: 0192573608 Category : Law Languages : en Pages : 481
Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author: Sumit Bisarya and Thibaut Noel Publisher: International Institute for Democracy and Electoral Assistance (International IDEA) ISBN: 9176714144 Category : Political Science Languages : en Pages : 14
Book Description
Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Author: Michel Rosenfeld Publisher: Duke University Press ISBN: 9780822315162 Category : History Languages : en Pages : 452
Book Description
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Author: Sujit Choudhry Publisher: Edward Elgar Publishing ISBN: 9781783472956 Category : Constitutional history Languages : en Pages : 0
Book Description
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author: Alfred Stepan Publisher: ISBN: 9780231184311 Category : Political Science Languages : en Pages : 272
Book Description
Contributors to this book are particularly interested in expanding our understanding of what helps, or hurts, successful democratic transition attempts in countries with large Muslim populations. Crafting pro-democratic coalitions among secularists and Islamists presents a special obstacle that must be addressed by theorists and practitioners. The argument throughout the book is that such coalitions will not happen if potentially democratic secularists are part of what Al Stepan terms the authoritarian regime's "constituency of coercion" because they (the secularists) are afraid that free elections will be won by Islamists who threaten them even more than the existing secular authoritarian regime. Tunisia allows us to do analysis on this topic by comparing two "least similar" recent case outcomes: democratic success in Tunisia and democratic failure in Egypt. Tunisia also allows us to do an analysis of four "most similar" case outcomes by comparing the successful democratic transitions in Tunisia, Indonesia, Senegal, and the country with the second or third largest Muslim population in the world, India. Did these countries face some common challenges concerning democratization? Did all four of these successful cases in fact use some common policies that while democratic, had not normally been used in transitions in countries without significant numbers of Muslims? If so, did these policies help the transitions in Tunisia, Indonesia, Senegal and India? If they did, we should incorporate them in some way into our comparative theories about successful democratic transitions.
Author: Bob Jessop Publisher: John Wiley & Sons ISBN: 0745669948 Category : Political Science Languages : en Pages : 270
Book Description
Debates about the role and nature of the state are at the heart of modern politics. However, the state itself remains notoriously difficult to define, and the term is subject to a range of different interpretations. In this book, distinguished state theorist Bob Jessop provides a critical introduction to the state as both a concept and a reality. He lucidly guides readers through all the major accounts of the state, and examines competing efforts to relate the state to other features of social organization. Essential themes in the analysis of the state are explored in full, including state formation, periodization, the re-scaling of the state and the state's future. Throughout, Jessop clearly defines key terms, from hegemony and coercion to government and governance. He also analyses what we mean when we speak about 'normal' and 'exceptional' states, and states that are 'failed' or 'rogue'. Combining an accessible style with expert sensitivity to the complexities of the state, this short introduction will be core reading for students and scholars of politics and sociology, as well as anyone interested in the changing role of the state in contemporary societies.
Author: Veronica Federico Publisher: Firenze University Press ISBN: 8884534011 Category : Law Languages : en Pages : 222
Book Description
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Author: Emmanuel H. D. De Groof Publisher: Cambridge University Press ISBN: 1108603777 Category : Law Languages : en Pages : 427
Book Description
After 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.
Author: George Anderson
Author: George Anderson
Author: George Anderson
Author: Sumit Bisarya and Thibaut Noel
Author: Michel Rosenfeld
Author: Sujit Choudhry
Author: Alfred Stepan
Author: Bob Jessop
Author: Veronica Federico
Author: Zaid Al-Ali
Author: Emmanuel H. D. De Groof