Conflict Power And The Landscape Of Constitutionalism

Download Conflict Power And The Landscape Of Constitutionalism full books in PDF, epub, and Kindle. Read online Conflict Power And The Landscape Of Constitutionalism ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Conflict, Power, and the Landscape of Constitutionalism

Author : Gilles Tarabout
Publisher : Taylor & Francis
ISBN 13 : 1000084035
Total Pages : 199 pages
Book Rating : 4.0/5 ( download)

DOWNLOAD NOW!

Book Synopsis Conflict, Power, and the Landscape of Constitutionalism by : Gilles Tarabout

Download or read book Conflict, Power, and the Landscape of Constitutionalism written by Gilles Tarabout and published by Taylor & Francis. This book was released on 2020-11-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book seeks to critically examine the implication of a constitution of law for a political society. It presents a collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power. The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, politica

Political Conflict in Pakistan

Author : Mohammad Waseem
Publisher : Oxford University Press
ISBN 13 : 0197654266
Total Pages : pages
Book Rating : 4.1/5 (976 download)

DOWNLOAD NOW!

Book Synopsis Political Conflict in Pakistan by : Mohammad Waseem

Download or read book Political Conflict in Pakistan written by Mohammad Waseem and published by Oxford University Press. This book was released on 2022-04-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a major reinterpretation of politics in Pakistan. Its focus is conflict among groups, communities, classes, ideologies and institutions, which has shaped the country's political dynamics. Mohammad Waseem critically examines the theory surrounding the millennium-long conflict between Hindus and Muslims as separate nations who practiced mingled faiths, and the Hindu, Muslim and Sikh renaissances that created a twentieth-century clash of communities and led to partition. Political Conflict in Pakistan addresses multiple clashes: between the high culture as a mission to transform society, and the low culture of the land and the people; between those committed to the establishment's institutional constitutional framework and those seeking to dismantle the "colonial" state; between the corrupt and those seeking to hold them to account; between the political class and the middle class; and between civil and military power. The author exposes how the ruling elite centralised power through the militarisation and judicialization of politics, rendering the federalist arrangement an empty shell and thus grossly alienating the provinces. He sets all this within the contexts of education and media as breeders of conflict, the difficulties of establishing an anti-terrorist regime, and the state's pragmatic attempts at conflict resolution by seeking to keep the outsiders inside. This is a wide-ranging account of a country of contestations.

Unstable Constitutionalism

Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1316419088
Total Pages : 415 pages
Book Rating : 4.3/5 (164 download)

DOWNLOAD NOW!

Book Synopsis Unstable Constitutionalism by : Mark Tushnet

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

DOWNLOAD NOW!

Book Synopsis Beyond Constitutionalism by : Nico Krisch

Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Peace

Author : Oliver P. Richmond
Publisher : Oxford University Press
ISBN 13 : 0192671154
Total Pages : 179 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis Peace by : Oliver P. Richmond

Download or read book Peace written by Oliver P. Richmond and published by Oxford University Press. This book was released on 2023-01-24 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very Short Introductions: Brilliant, Sharp, Inspiring The concept of peace has always attracted radical thought, action, and practices. It has been taken to mean merely an absence of overt violence or war, but in the contemporary era it is often used interchangeably with 'peacemaking', 'peacebuilding', 'conflict resolution', and 'statebuilding'. The modern concept of peace has therefore broadened from the mere absence of violence to something much more complicated. In this Very Short Introduction, Oliver Richmond explores the evolution of peace in practice and in theory, exploring our modern assumptions about peace and the various different interpretations of its applications. This second edition has been theoretically and empirically updated and introduces a new framework to understand the overall evolution of the international peace architecture. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Unity of Public Law?

Author : Mark Elliott
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915192
Total Pages : 471 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

Book Synopsis The Unity of Public Law? by : Mark Elliott

Download or read book The Unity of Public Law? written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Constitutional Conflicts in Contemporary Malaysia

Author : HP Lee
Publisher : Oxford University Press
ISBN 13 : 0191074055
Total Pages : 297 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Conflicts in Contemporary Malaysia by : HP Lee

Download or read book Constitutional Conflicts in Contemporary Malaysia written by HP Lee and published by Oxford University Press. This book was released on 2017-02-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.

Peace Diplomacy, Global Justice and International Agency

Author : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1139916521
Total Pages : 639 pages
Book Rating : 4.1/5 (399 download)

DOWNLOAD NOW!

Book Synopsis Peace Diplomacy, Global Justice and International Agency by : Carsten Stahn

Download or read book Peace Diplomacy, Global Justice and International Agency written by Carsten Stahn and published by Cambridge University Press. This book was released on 2014-04-24 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: As UN Secretary-General, Dag Hammarskjöld shaped many of the fundamental principles and practices of international organisations, such as preventive diplomacy, the ethics of international civil service, impartiality and neutrality. He was also at the heart of the constitutional foundations and principles of the UN. This tribute and critical review of Hammarskjöld's values and legacy examines his approach towards international civil service, agency and value-based leadership, investigates his vision of internationalism and explores his achievements and failures as Secretary-General. It draws on specific conflict situations and strategies such as Suez and the Congo for lessons that can benefit contemporary conflict resolution and modern concepts such as human security and R2P. It also reflects on ways in which actors such as international courts, tribunals and the EU can benefit from Hammarskjöld's principles and experiences in the fields of peace and security and international justice.

Central-Local Relations in Asian Constitutional Systems

Author : Andrew Harding
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255605
Total Pages : 193 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Central-Local Relations in Asian Constitutional Systems by : Andrew Harding

Download or read book Central-Local Relations in Asian Constitutional Systems written by Andrew Harding and published by Bloomsbury Publishing. This book was released on 2015-12-17 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines territorial governance in Asia in the context of central-local relations. In an era of attempts to deal with issues such as decentralisation, conflict involving ethnic and religious enclaves, and demands for regional autonomy, it is timely to examine central-local relations in a pan-Asian perspective, assessing the attempts in a range of different constitutional systems from Japan to Myanmar to re-order constitutional structures for local government. The book looks at the constitutional systems for organising central-local relations in Asia and attempts to draw conclusions from contemporary experiences.

Rights-Based Constitutional Review

Author : John Bell
Publisher : Edward Elgar Publishing
ISBN 13 : 1784717614
Total Pages : 463 pages
Book Rating : 4.7/5 (847 download)

DOWNLOAD NOW!

Book Synopsis Rights-Based Constitutional Review by : John Bell

Download or read book Rights-Based Constitutional Review written by John Bell and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

The Constitution of Arbitration

Author : Victor Ferreres Comella
Publisher : Cambridge University Press
ISBN 13 : 1108842836
Total Pages : 235 pages
Book Rating : 4.1/5 (88 download)

DOWNLOAD NOW!

Book Synopsis The Constitution of Arbitration by : Victor Ferreres Comella

Download or read book The Constitution of Arbitration written by Victor Ferreres Comella and published by Cambridge University Press. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

Routledge Readings on Law and Social Justice

Author : Kalpana Kannabiran
Publisher : Taylor & Francis
ISBN 13 : 1000606295
Total Pages : 321 pages
Book Rating : 4.0/5 (6 download)

DOWNLOAD NOW!

Book Synopsis Routledge Readings on Law and Social Justice by : Kalpana Kannabiran

Download or read book Routledge Readings on Law and Social Justice written by Kalpana Kannabiran and published by Taylor & Francis. This book was released on 2022-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.

Identity, Diversity, and Constitutionalism in Africa

Author : Francis Mading Deng
Publisher : US Institute of Peace Press
ISBN 13 : 1601270348
Total Pages : 290 pages
Book Rating : 4.6/5 (12 download)

DOWNLOAD NOW!

Book Synopsis Identity, Diversity, and Constitutionalism in Africa by : Francis Mading Deng

Download or read book Identity, Diversity, and Constitutionalism in Africa written by Francis Mading Deng and published by US Institute of Peace Press. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Overcoming Necessity

Author : Thomas P. Crocker
Publisher : Yale University Press
ISBN 13 : 0300181612
Total Pages : 345 pages
Book Rating : 4.3/5 (1 download)

DOWNLOAD NOW!

Book Synopsis Overcoming Necessity by : Thomas P. Crocker

Download or read book Overcoming Necessity written by Thomas P. Crocker and published by Yale University Press. This book was released on 2020-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Constitutional Identity and Constitutionalism in Africa

Author :
Publisher : Oxford University Press
ISBN 13 : 0198906323
Total Pages : 438 pages
Book Rating : 4.1/5 (989 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Identity and Constitutionalism in Africa by :

Download or read book Constitutional Identity and Constitutionalism in Africa written by and published by Oxford University Press. This book was released on 2024-01-23 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.

Constitutional Comparison

Author : François Venter
Publisher : BRILL
ISBN 13 : 9004481400
Total Pages : 310 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Comparison by : François Venter

Download or read book Constitutional Comparison written by François Venter and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Colonial and Post-colonial Constitutionalism in the Commonwealth

Author : Hakeem O. Yusuf
Publisher : Routledge
ISBN 13 : 1135081573
Total Pages : 262 pages
Book Rating : 4.1/5 (35 download)

DOWNLOAD NOW!

Book Synopsis Colonial and Post-colonial Constitutionalism in the Commonwealth by : Hakeem O. Yusuf

Download or read book Colonial and Post-colonial Constitutionalism in the Commonwealth written by Hakeem O. Yusuf and published by Routledge. This book was released on 2013-12-17 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.