Author: Miguel CuadernoPublisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages : 288
Book Description
The Framing of the Constitution of the Philippines
Author: Miguel CuadernoPublisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages : 288
Book Description
Framing the State in Times of Transition
Author: Laurel E. MillerPublisher: US Institute of Peace Press
ISBN: 1601270550
Category : History
Languages : en
Pages : 737
Book Description
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
The Framing of the Philippine Constitution
Author: José Maminta AruegoKeeping Faith with the Constitution
Author: Goodwin LiuPublisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Regime Change in the Philippines
Author: Mark TurnerPublisher: Department of Political and Social Change Research School of Pacific and Asian Studies Australian Nationa
ISBN:
Category : Constitutional law
Languages : en
Pages : 170
Book Description
Imagining Modern Democracy
Author: Ranilo Balaguer HermidaPublisher: State University of New York Press
ISBN: 1438453884
Category : Philosophy
Languages : en
Pages : 350
Book Description
Winner of the 2016 Outstanding Scholarly Work Award for the School of Humanities presented by Ateneo de Manila University This book is a pioneering study of Philippine democracy, one of the oldest in the Asian region, vis-à-vis Habermasian critical theory. Proceeding from a concise examination of the theory of law and democracy found in Habermas's Between Facts and Norms, Ranilo Balaguer Hermida explains how the law occupies the central role in both the legitimation of political power and the attainment of social integration. He then discusses how Habermas proposes to resolve the tension that exists in modern society between democratic norms and social facts, through the adoption of a lawmaking procedure whereby the informal sources of issues and opinions from the public sphere are allowed to develop and interact with the formal deliberations and decision processes inside the political system. He also explores certain provisions of the present Philippine Constitution that were expressly intended to restore democratic institutions and processes destroyed by decades of martial law, as well as the problems and hindrances that stand in the way of their full implementation.
India’s Founding Moment
Author: Madhav KhoslaPublisher: Harvard University Press
ISBN: 0674980875
Category : Political Science
Languages : en
Pages : 241
Book Description
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Constitutions of Nations
Author: Amos Jenkins PeasleePublisher: Brill Archive
ISBN:
Category : Constitutions
Languages : en
Pages : 938
Book Description
Chronology of the 1987 Philippine Constitution
Author: Maria Ela L. AtienzaPublisher: International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN: 971742120X
Category : Political Science
Languages : en
Pages : 72
Book Description
This report summarizes the contextual background and processes of writing the 1987 Philippine Constitution, its contents and a preliminary mapping of its implementation, covering elections held under the Constitution, major laws enacted as mandated by the Constitution and critical judicial decisions of the Supreme Court interpreting provisions of the Constitution. The Chronology also covers impeachment cases under the Constitution, a timeline of the peace processes pursued from 1987–2018, and trend analysis of approval ratings of the officials and institutions created under the 1987 Constitution to measure citizens’ perceptions of the constitutional order. Research and writing of the Chronology was led by the research team at the University of the Philippines Center for Integrated Development Studies, under its project with International IDEA to complete a performance assessment of the 1987 Constitution. The Chronology is the first product of this collaboration and serves as the basis for the forthcoming performance assessment report.
The Foundations of the Modern Philippine State
Author: Leia Castañeda AnastacioPublisher: Cambridge University Press
ISBN: 1316790614
Category : History
Languages : en
Pages : 341
Book Description
The US occupation of the Philippine Islands in 1898 began a foundational period of the modern Philippine state. With the adoption of the 1935 Philippine Constitution, the legal conventions for ultimate independence were in place. In this time, American officials and their Filipino elite collaborators established a representative, progressive, yet limited colonial government that would modernize the Philippine Islands through colonial democracy and developmental capitalism. Examining constitutional discourse in American and Philippine government records, academic literature, newspaper and personal accounts, The Foundations of the Modern Philippine State concludes that the promise of America's liberal empire was negated by the imperative of insulating American authority from Filipino political demands. Premised on Filipino incapacity, the colonial constitution weakened the safeguards that shielded liberty from power and unleashed liberalism's latent tyrannical potential in the name of civilization. This forged a constitutional despotism that haunts the Islands to this day.