Civil Society, Constitution, and Legitimacy

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Author :
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 074257363X
Total Pages : 365 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Civil Society, Constitution, and Legitimacy by : Andrew Arato

Download or read book Civil Society, Constitution, and Legitimacy written by Andrew Arato and published by Rowman & Littlefield Publishers. This book was released on 2000-04-19 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.

Post Sovereign Constitution Making

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Publisher : Oxford University Press
ISBN 13 : 0198755988
Total Pages : 321 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Post Sovereign Constitution Making by : Andrew Arato

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Constitution Making Under Occupation

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Publisher : Columbia University Press
ISBN 13 : 0231143028
Total Pages : 376 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis Constitution Making Under Occupation by : Andrew Arato

Download or read book Constitution Making Under Occupation written by Andrew Arato and published by Columbia University Press. This book was released on 2009 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Legitimacy in Global Governance

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Publisher : Oxford University Press
ISBN 13 : 019256160X
Total Pages : 349 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Legitimacy in Global Governance by : Jonas Tallberg

Download or read book Legitimacy in Global Governance written by Jonas Tallberg and published by Oxford University Press. This book was released on 2018-09-19 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy's importance for global governance, its workings remain poorly understood. That is the core concern of this volume: to develop an agenda for systematic and comparative research on legitimacy in global governance. In complementary fashion, the chapters address different aspects of the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy? The volume makes four specific contributions. First, it argues for a sociological approach to legitimacy, centered on perceptions of legitimate global governance among affected audiences. Second, it moves beyond the traditional focus on states as the principal audience for legitimacy in global governance and considers a full spectrum of actors from governments to citizens. Third, it advocates a comparative approach to the study of legitimacy in global governance, and suggests strategies for comparison across institutions, issue areas, countries, societal groups, and time. Fourth, the volume offers the most comprehensive treatment so far of the sociological legitimacy of global governance, covering three broad analytical themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

Global Civil Society?

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Publisher : Cambridge University Press
ISBN 13 : 9780521894623
Total Pages : 240 pages
Book Rating : 4.8/5 (946 download)

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Book Synopsis Global Civil Society? by : John Keane

Download or read book Global Civil Society? written by John Keane and published by Cambridge University Press. This book was released on 2003-04-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Keane, a leading scholar of political theory, tracks the recent development of a big idea with fresh potency - global civil society. In this timely book, Keane explores the contradictory forces currently nurturing or threatening its growth, and he shows how talk of global civil society implies a political vision of a less violent world, founded on legally sanctioned power-sharing arrangements among different and intermingling forms of socio-economic life. Keane's reflections are pitted against the widespread feeling that the world is both too complex and too violent to deserve serious reflection. His account borrows from various scholarly disciplines, including political science and international relations, to challenge the silence and confusion within much of contemporary literature on globalisation and global governance. Against fears of terrorism, rising tides of xenophobia, and loose talk of 'anti-globalisation', the defence of global civil society mounted here implies the need for new democratic ways of living.

Judicial Power

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Publisher : Cambridge University Press
ISBN 13 : 1316999084
Total Pages : 411 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Judicial Power by : Christine Landfried

Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Civil Society and Health

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Publisher : World Health Organization
ISBN 13 : 9289050438
Total Pages : 191 pages
Book Rating : 4.2/5 (89 download)

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Book Synopsis Civil Society and Health by : Scott L. Greer

Download or read book Civil Society and Health written by Scott L. Greer and published by World Health Organization. This book was released on 2017-11-20 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyses existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria Bosnia-Herzegovina Belgium Cyprus Finland Germany Malta the Netherlands Poland the Russian Federation Slovenia Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous varied and beneficial and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy food banks refugee health HIV/AIDS prevention and cure and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development service delivery and governance. This includes evidence provision advocacy mobilization consensus building provision of medical services and of services related to the social determinants of health standard setting self-regulation and fostering social partnership. However in order to engage successfully with CSOs governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications and help avoid some potential pitfalls the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.

Democratic Constitution Making

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Democratic Constitution Making by : Vivien Hart

Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Global Legitimacy Game

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Publisher : Springer
ISBN 13 : 0230000959
Total Pages : 207 pages
Book Rating : 4.2/5 (3 download)

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Book Synopsis The Global Legitimacy Game by : Alison Van Rooy

Download or read book The Global Legitimacy Game written by Alison Van Rooy and published by Springer. This book was released on 2004-05-25 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a heated debate underway on the legitimacy of global activists, a war of words (and sometimes stones and teargas) that is rarely examined from top to bottom. This latest book by Canadian commentator Van Rooy scrutinizes the new legitimacy rules, arguing that they have real impact on how our world is governed. In dissecting representation, rights, experience, expertise, moral authority and other evolving rules of legitimation, Van Rooy points to her own proposals for global supplementary democracy.

Constitutionalism, Identity, Difference, and Legitimacy

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Publisher : Duke University Press
ISBN 13 : 9780822315162
Total Pages : 452 pages
Book Rating : 4.3/5 (151 download)

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Book Synopsis Constitutionalism, Identity, Difference, and Legitimacy by : Michel Rosenfeld

Download or read book Constitutionalism, Identity, Difference, and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The United Nations and Civil Society

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Publisher : Bloomsbury Publishing
ISBN 13 : 184813276X
Total Pages : 257 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis The United Nations and Civil Society by : Nora McKeon

Download or read book The United Nations and Civil Society written by Nora McKeon and published by Bloomsbury Publishing. This book was released on 2009-10-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN is able to recognize key global challenges, but beset by difficulties in trying to resolve them. In this, it represents the current global political balance, but is also the only international institution that could move it forward. Civil society can be a catalyst for this kind of change. In this book, Nora McKeon provides a comprehensive analysis of UN engagement with civil society. The book pays particular attention to food and agriculture, which now lie at the heart of global governance issues. McKeon shows that politically meaningful space for civil society can be introduced into UN policy dialogue. The United Nations and Civil Society also makes the case that it is only by engaging with organizations which legitimately speak for the 'poor' targeted by the Millennium Development Goals that the UN can promote equitable, sustainable development and build global democracy from the ground up. This book has strong ramifications for global governance, civil society and the contemporary debate over the future of food.

Between Facts and Norms

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Publisher : John Wiley & Sons
ISBN 13 : 0745694268
Total Pages : 637 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Between Facts and Norms by : Jürgen Habermas

Download or read book Between Facts and Norms written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2015-10-08 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.

Critical Theory and Democracy

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Publisher : Routledge
ISBN 13 : 0415665558
Total Pages : 306 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Critical Theory and Democracy by : Enrique Peruzzotti

Download or read book Critical Theory and Democracy written by Enrique Peruzzotti and published by Routledge. This book was released on 2012 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Arato has become a prominentpolitical theoristin the fields of democratic theory, constitutional law, and comparative politics. He has had a profound and global influenceon the thinking ofseveral generations of scholars. The Critical Theory and Democracy of Andrew Arato brings together original essays honouring Arato's intellectual contribution to the field, based round the themes in Arato's work of Critical Theory and Civil Society, Democracy and Dictatorship, and Constitution Making. It includes contributions from leading ...

Legitimacy in International Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 423 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum

Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

NGOs, Civil Society, and the Public Sphere

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Publisher : Cambridge University Press
ISBN 13 : 1107024994
Total Pages : 289 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis NGOs, Civil Society, and the Public Sphere by : Sabine Lang

Download or read book NGOs, Civil Society, and the Public Sphere written by Sabine Lang and published by Cambridge University Press. This book was released on 2013 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how nongovernmental organizations can become stronger advocates for citizens and better representatives of their interests. Sabine Lang analyzes the choices that NGOs face in their work for policy change between working in institutional settings and practicing public advocacy that incorporates constituents' voices.

Democracy Without Shortcuts

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Publisher :
ISBN 13 : 0198848188
Total Pages : 279 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Democracy Without Shortcuts by : Cristina Lafont

Download or read book Democracy Without Shortcuts written by Cristina Lafont and published by . This book was released on 2020 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defends the value of democratic participation. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it.