Conflict Power And The Landscape Of Constitutionalism

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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)

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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)

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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)

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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.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

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)

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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.

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)

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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.

Constitutionalism, Legitimacy, and Power

Author : Kelly L. Grotke
Publisher : Oxford University Press, USA
ISBN 13 : 0198723059
Total Pages : 449 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constitutionalism, Legitimacy, and Power by : Kelly L. Grotke

Download or read book Constitutionalism, Legitimacy, and Power written by Kelly L. Grotke and published by Oxford University Press, USA. This book was released on 2014 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This volume is the result of two working group meetings on constitutional history, held at the University of Helsinki in May 2010 and April 2011 under the auspices of the Research Project Europe 1815-1914"--Acknowledgements.

The Constitution in Conflict

Author : Robert A. Burt
Publisher : Harvard University Press
ISBN 13 : 9780674165366
Total Pages : 492 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis The Constitution in Conflict by : Robert A. Burt

Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

The Irregularization of Migration in Contemporary Europe

Author : Yolande Jansen
Publisher : Rowman & Littlefield
ISBN 13 : 1783481714
Total Pages : 264 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Irregularization of Migration in Contemporary Europe by : Yolande Jansen

Download or read book The Irregularization of Migration in Contemporary Europe written by Yolande Jansen and published by Rowman & Littlefield. This book was released on 2014-12-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working from an interdisciplinary perspective that draws on the social sciences, legal studies, and the humanities, this book investigates the causes and effects of the extremities experienced by migrants. Firstly, the volume analyses the development and political-cultural conditions of current practices and discourses of “bordering,” “illegality,” and “irregularization.” Secondly, it focuses on the varieties of irregularization and on the diversity of the fields, techniques and effects involved in this variegation. Thirdly, the book examines examples of resistance that migrants and migratory cultures have developed in order to deal with the predicaments they face. The book uses the European Union as its case study, exploring practices and discourses of bordering, border control, and migration regulation. But the significance of this field extends well beyond the European context as the monitoring of Europe’s borders increasingly takes place on a global scale and reflects an internationally increasing trend.

Reclaiming Constitutionalism

Author : Maria Tzanakopoulou
Publisher : Bloomsbury Publishing
ISBN 13 : 150991613X
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reclaiming Constitutionalism by : Maria Tzanakopoulou

Download or read book Reclaiming Constitutionalism written by Maria Tzanakopoulou and published by Bloomsbury Publishing. This book was released on 2018-02-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.

Non-discrimination and Equality in India

Author : Vidhu Verma
Publisher : Routledge
ISBN 13 : 1136515011
Total Pages : 272 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Non-discrimination and Equality in India by : Vidhu Verma

Download or read book Non-discrimination and Equality in India written by Vidhu Verma and published by Routledge. This book was released on 2011-11-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India.

The Limits of Constitutional Democracy

Author : Jeffrey K. Tulis
Publisher : Princeton University Press
ISBN 13 : 1400836794
Total Pages : 360 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Limits of Constitutional Democracy by : Jeffrey K. Tulis

Download or read book The Limits of Constitutional Democracy written by Jeffrey K. Tulis and published by Princeton University Press. This book was released on 2010-10-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Peace

Author : Oliver P. Richmond
Publisher : Oxford University Press
ISBN 13 : 0192857029
Total Pages : 177 pages
Book Rating : 4.1/5 (928 download)

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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 2023-02-23 with total page 177 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 CONSTITUTIONAL LANDSCAPE IN CONTEMPORARY CHINA

Author : Qianfan Zhang (张千帆）
Publisher : Bouden House
ISBN 13 :
Total Pages : 281 pages
Book Rating : 4.3/5 (32 download)

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Book Synopsis THE CONSTITUTIONAL LANDSCAPE IN CONTEMPORARY CHINA by : Qianfan Zhang (张千帆）

Download or read book THE CONSTITUTIONAL LANDSCAPE IN CONTEMPORARY CHINA written by Qianfan Zhang (张千帆） and published by Bouden House. This book was released on 2024-05-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past two decades, China has endured, together with the rest of the world, two pandemics originating in Guangdong and Wuhan. While the severity and management of these pandemics varied, they both stemmed from the same root cause—the absence of constitutional enforcement and protection of fundamental rights such as freedom of speech and press. In the global village today, especially given China’s size and impact, the Chinese constitutional democracy is critical not only for China itself, but also for the whole world. Largely following China’s current (1982) Constitution, this book aims to produce a contemporary “landscape” of Chinese constitutional developments in essentially all major areas. Despite the lack of constitutional enforcement and serious backlashes in recent years, the author believes that the Constitution still matters, as China has achieved significant de facto progress in human rights and the rule of law since its Reform and Opening in 1978. Particularly, increasing number of citizens are becoming aware of their constitutional rights, which they are eager to defend in their interest. Ultimately, the future of China (and the world) depends on the efforts of the people themselves to promote its constitutional reforms and enforcement

Ideas and Frameworks of Governing India

Author : Ranabir Samaddar
Publisher : Routledge
ISBN 13 : 1317208811
Total Pages : 322 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Ideas and Frameworks of Governing India by : Ranabir Samaddar

Download or read book Ideas and Frameworks of Governing India written by Ranabir Samaddar and published by Routledge. This book was released on 2016-05-20 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas and Frameworks of Governing India and its companion volume Neo-liberal Strategies of Governing India tell the story of governance in independent India and address the critical question: how is a post-colonial democracy governed? Further, they attempt to understand why the process of governing a post-colonial democracy, particularly in the neo-liberal age, should be studied as the central question within the history of post-colonial democracy. The volumes offer hitherto unexplored analyses of governance — political and ideological aspects along with technological characteristics — in a historical framework. This volume discusses: ideas and issues at the core of governance in post-colonial India constitution, state-making and government formation the asymmetrical nature of the anti-colonial foundations of governance In breaking new ground in the study of what constitutes the political subject, these volumes will be indispensable to scholars, researchers and students of politics, public administration, development studies, South Asian studies and modern India.

Handbook on Home and Migration

Author : Paolo Boccagni
Publisher : Edward Elgar Publishing
ISBN 13 : 1800882777
Total Pages : 703 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Handbook on Home and Migration by : Paolo Boccagni

Download or read book Handbook on Home and Migration written by Paolo Boccagni and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dynamic Handbook unpacks the entanglements between the two notions of home and migration, which illuminate the lived experiences of (in)voluntary mobilities and the contested terrain of inclusion and belonging. Drawing on cross-disciplinary contributions from leading international scholars, it advances research on the social study of home in relation to migration, refugee, displacement, and diaspora studies. This title contains one or more Open Access chapters.