Breaking Worlds

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Publisher :
ISBN 13 : 9780578890111
Total Pages : pages
Book Rating : 4.8/5 (91 download)

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Book Synopsis Breaking Worlds by : Angana P. Chatterji

Download or read book Breaking Worlds written by Angana P. Chatterji and published by . This book was released on 2021-09-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Breaking Worlds: Religion, Law and Citizenship in Majoritarian India; The Story of Assam chronicles how prejudicial laws and policies are being utilized with impunity to reconstruct citizenship in Assam in Northeast India. The Government of India's stated objective is to replicate "Assam-like" changes to citizenship across the country. The Hindu nationalist Bharatiya Janata Party-led central government's pilot implementation has centered on the state of Assam in Northeast India since 2019, with dire impact on its sizeable Muslim population. Majoritarian nationalists claim that various Muslim communities residing in India are in the country "illegally," and are not Indian. The modalities for safe harbor that apply to other communities exclude Muslims. In particular, Bangla-descent Muslims are fabricated as "foreigners" and "outsiders," are the primary targets. If Bangla-descent Muslims of Assam are not Indians, then who are they? Hindu nationalists claim that various Muslim communities residing in India are in the country "illegally," and are not Indian. Bangla-descent Muslims who fail to meet the government's demands to prove their citizenship are faced with the threat of expulsion, exile, and statelessness.Through applied research and methodical analysis, the report spotlights the illiberal citizenship movement ignited by majoritarian forces focusing on two intersecting chronologies: the exclusionary amendments to the law and the implosive situation on the ground that collectively stands to render swathes of citizens effectively stateless. The report identifies communities that are subject to discriminatory treatment. It chronicles the voices, lives, and torment of numerous targeted individuals, including victimized-survivors who have been declared "foreigners" in Assam, separated from their families and detained, and family members of suicide victims, together with summary analyses of cases before the appellate body. The report brings into focus how the laws and policies reordering Indian citizenship are fortifying legal discrimination based on religion, and the impact on vulnerable communities. The report's emphasis on Assam and Bangla-descent Muslims is prognosticative. The report contends that the "citizenship experiment" signals the advance of inestimable, gendered violence and prospective statelessness that stand to devastate millions of lives.

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.

We the People

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Publisher : Picador
ISBN 13 : 1250166004
Total Pages : 319 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis We the People by : Erwin Chemerinsky

Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America

The Constitution of Liberty

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Publisher : Routledge
ISBN 13 : 0429637977
Total Pages : 588 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis The Constitution of Liberty by : F.A. Hayek

Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.

The Strategic Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691214506
Total Pages : 435 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Strategic Constitution by : Robert D. Cooter

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Immigration and Democracy

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Publisher : Oxford Political Theory
ISBN 13 : 0190909226
Total Pages : 265 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Immigration and Democracy by : Sarah Song

Download or read book Immigration and Democracy written by Sarah Song and published by Oxford Political Theory. This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we think about immigration and what policies should democratic societies pursue? Sarah Song offers a political theory of immigration that takes seriously both the claims of receiving countries and the claims of prospective migrants. What is required, she argues, is not a policy of open or closed borders but open doors.

Speaking of Equality

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Publisher : Princeton University Press
ISBN 13 : 1400861489
Total Pages : 343 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Speaking of Equality by : P. Westen

Download or read book Speaking of Equality written by P. Westen and published by Princeton University Press. This book was released on 2014-07-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Anti-Oligarchy Constitution

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Publisher : Harvard University Press
ISBN 13 : 067498062X
Total Pages : 641 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Anti-Oligarchy Constitution by : Joseph Fishkin

Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.

Inequality and Democratization

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Publisher : Cambridge University Press
ISBN 13 : 1316123286
Total Pages : 255 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Inequality and Democratization by : Ben W. Ansell

Download or read book Inequality and Democratization written by Ben W. Ansell and published by Cambridge University Press. This book was released on 2014-12-18 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on the economic origins of democracy and dictatorship has shifted away from the impact of growth and turned toward the question of how different patterns of growth - equal or unequal - shape regime change. This book offers a new theory of the historical relationship between economic modernization and the emergence of democracy on a global scale, focusing on the effects of land and income inequality. Contrary to most mainstream arguments, Ben W. Ansell and David J. Samuels suggest that democracy is more likely to emerge when rising, yet politically disenfranchised, groups demand more influence because they have more to lose, rather than when threats of redistribution to elite interests are low.

How to Save a Constitutional Democracy

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Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

The Constitution and Economic Regulation

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Publisher : Transaction Publishers
ISBN 13 : 1412812380
Total Pages : 325 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis The Constitution and Economic Regulation by : Michael Conant

Download or read book The Constitution and Economic Regulation written by Michael Conant and published by Transaction Publishers. This book was released on 2011-12-31 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.

Hiding in Plain Sight

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Publisher : Univ of California Press
ISBN 13 : 0520296044
Total Pages : 516 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Hiding in Plain Sight by : Eric Stover

Download or read book Hiding in Plain Sight written by Eric Stover and published by Univ of California Press. This book was released on 2016 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hiding in Plain Sight tells the story of the global effort to apprehend the world's most wanted fugitives. Beginning with the flight of tens of thousands of Nazi war criminals and their collaborators after World War II, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. Hiding in Plain Sight is a companion book to the public television documentary Dead Reckoning: Postwar Justice from World War II to The War on Terror. For more information about the documentary, visit www.saybrookproductions.com. For information about the Human Rights Center, visit hrc.berkeley.edu.

The Oxford Handbook of Populism

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Publisher : Oxford University Press
ISBN 13 : 0198803567
Total Pages : 737 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Oxford Handbook of Populism by : Cristóbal Rovira Kaltwasser

Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.

Justice, Gender, and the Politics of Multiculturalism

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Publisher : Cambridge University Press
ISBN 13 : 1139466658
Total Pages : 174 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Justice, Gender, and the Politics of Multiculturalism by : Sarah Song

Download or read book Justice, Gender, and the Politics of Multiculturalism written by Sarah Song and published by Cambridge University Press. This book was released on 2007-08-02 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.

The Religion Clauses

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Publisher :
ISBN 13 : 0190699736
Total Pages : 241 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Religion Clauses by : Howard Gillman

Download or read book The Religion Clauses written by Howard Gillman and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Religion Clauses, Erwin Chemerinsky and Howard Gillman examine the extremely controversial issue of the relationship between religion and government. They argue for a separation of church and state. To the greatest extent possible, the government should remain secular. At the same, time they contend that religion should not provide a basis for an exemptions from general laws, such as those prohibiting discrimination or requiring the provision of services.

Weimar

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Publisher : Univ of California Press
ISBN 13 : 0520929683
Total Pages : 420 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Weimar by : Arthur Jacobson

Download or read book Weimar written by Arthur Jacobson and published by Univ of California Press. This book was released on 2001-01-06 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.

Constitutions and Gender

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784716960
Total Pages : 563 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Constitutions and Gender by : Helen Irving

Download or read book Constitutions and Gender written by Helen Irving and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.