Constitution Making In Deeply Divided Societies

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Making Constitutions in Deeply Divided Societies

Author : Hanna Lerner
Publisher : Cambridge University Press
ISBN 13 : 1139502921
Total Pages : 273 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Making Constitutions in Deeply Divided Societies by : Hanna Lerner

Download or read book Making Constitutions in Deeply Divided Societies written by Hanna Lerner and published by Cambridge University Press. This book was released on 2011-05-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.

Constitution Making in Deeply Divided Societies

Author : Hanna Lerner
Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.:/5 (718 download)

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Book Synopsis Constitution Making in Deeply Divided Societies by : Hanna Lerner

Download or read book Constitution Making in Deeply Divided Societies written by Hanna Lerner and published by . This book was released on 2006 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism in Context

Author : David S. Law
Publisher :
ISBN 13 : 110842709X
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-17 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.

A Democratic South Africa?

Author : Donald L. Horowitz
Publisher : Univ of California Press
ISBN 13 : 0520328876
Total Pages : 314 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis A Democratic South Africa? by : Donald L. Horowitz

Download or read book A Democratic South Africa? written by Donald L. Horowitz and published by Univ of California Press. This book was released on 2022-02-25 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

Constitutional Design for Divided Societies

Author : Sujit Choudhry
Publisher : OUP Oxford
ISBN 13 : 0191021512
Total Pages : 496 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Constitutional Design for Divided Societies by : Sujit Choudhry

Download or read book Constitutional Design for Divided Societies written by Sujit Choudhry and published by OUP Oxford. This book was released on 2008-03-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Electoral Systems and Conflict in Divided Societies

Author : Ben Reilly
Publisher : National Academies Press
ISBN 13 : 0309519101
Total Pages : 73 pages
Book Rating : 4.3/5 (95 download)

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Book Synopsis Electoral Systems and Conflict in Divided Societies by : Ben Reilly

Download or read book Electoral Systems and Conflict in Divided Societies written by Ben Reilly and published by National Academies Press. This book was released on 1999-05-04 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is one of a series being prepared for the National Research Council's Committee on International Conflict Resolution. The committee was organized in late 1995 to respond to a growing need for prevention, management, and resolution of violent conflict in the international arena, a concern about the changing nature and context of such conflict in the post-Cold War era, and a recent expansion of knowledge in the field. The committee's main goal is to advance the practice of conflict resolution by using the methods and critical attitude of science to examine the effectiveness of various techniques and concepts that have been advanced for preventing, managing, and resolving international conflicts. The committee's research agenda has been designed to supplement the work of other groups, particularly the Carnegie Corporation of New York's Commission on Preventing Deadly Conflict, which issued its final report in December 1997. The committee has identified a number of specific techniques and concepts of current interest to policy practitioners and has asked leading specialists on each one to carefully review and analyze available knowledge and to summarize what is known about the conditions under which each is or is not effective. These papers present the results of their work.

Constitutional Processes and Democratic Commitment

Author : Donald L. Horowitz
Publisher : Yale University Press
ISBN 13 : 0300254369
Total Pages : 284 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz

Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.

Democratic Constitution Making

Author : Vivien Hart
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:

Comparative Constitution Making

Author : David Landau
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365266
Total Pages : 624 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitution Making by : David Landau

Download or read book Comparative Constitution Making written by David Landau and published by Edward Elgar Publishing. This book was released on 2019 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

A Practical Guide to Constitution Building

Author : Winluck Wahiu
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (779 download)

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Book Synopsis A Practical Guide to Constitution Building by : Winluck Wahiu

Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Constitution Making during State Building

Author : Joanne Wallis
Publisher : Cambridge University Press
ISBN 13 : 1316157083
Total Pages : 421 pages
Book Rating : 4.3/5 (161 download)

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Book Synopsis Constitution Making during State Building by : Joanne Wallis

Download or read book Constitution Making during State Building written by Joanne Wallis and published by Cambridge University Press. This book was released on 2014-09-15 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.

The Oxford Handbook of Deliberative Democracy

Author : André Bächtiger
Publisher : Oxford University Press
ISBN 13 : 0191064572
Total Pages : 816 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Deliberative Democracy by : André Bächtiger

Download or read book The Oxford Handbook of Deliberative Democracy written by André Bächtiger and published by Oxford University Press. This book was released on 2018-08-23 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democracy has been one of the main games in contemporary political theory for two decades, growing enormously in size and importance in political science and many other disciplines. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, in philosophy, in various research programmes in the social sciences and law, and in political practice around the globe. It provides a concise history of deliberative ideals in political thought and discusses their philosophical origins. The Handbook locates deliberation in political systems with different spaces, publics, and venues, including parliaments, courts, governance networks, protests, mini-publics, old and new media, and everyday talk. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution, documenting the practice and study of deliberative democracy around the world and in global governance.

Constitutions and Conflict Management in Africa

Author : Alan J. Kuperman
Publisher : University of Pennsylvania Press
ISBN 13 : 0812246586
Total Pages : 304 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Constitutions and Conflict Management in Africa by : Alan J. Kuperman

Download or read book Constitutions and Conflict Management in Africa written by Alan J. Kuperman and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

The Failure of Popular Constitution Making in Turkey

Author : Felix Petersen
Publisher : Cambridge University Press
ISBN 13 : 1108497624
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Failure of Popular Constitution Making in Turkey by : Felix Petersen

Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

Politics in Deeply Divided Societies

Author : Adrian Guelke
Publisher : John Wiley & Sons
ISBN 13 : 0745660649
Total Pages : 204 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Politics in Deeply Divided Societies by : Adrian Guelke

Download or read book Politics in Deeply Divided Societies written by Adrian Guelke and published by John Wiley & Sons. This book was released on 2013-04-25 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of durable, democratic institutions constitutes one of the major challenges of our age. As countless contemporary examples have shown, it requires far more than simply the holding of free elections. The consolidation of a legitimate constitutional order is difficult to achieve in any society, but it is especially problematic in societies with deep social cleavages. This book provides an authoritative and systematic analysis of the politics of so-called 'deeply divided societies' in the post Cold War era. From Bosnia to South Africa, Northern Ireland to Iraq, it explains why such places are so prone to political violence, and demonstrates why - even in times of peace - the fear of violence continues to shape attitudes, entrenching divisions in societies that already lack consensus on their political institutions. Combining intellectual rigour and accessibility, it examines the challenge of establishing order and justice in such unstable environments, and critically assesses a range of political options available, from partition to power-sharing and various initiatives to promote integration. The Politics of Deeply Divided Societies is an ideal resource for students of comparative politics and related disciplines, as well as anyone with an interest in the dynamics of ethnic conflict and nationalism.

Constitutions, Religion and Politics in Asia

Author : Dian A. H. Shah
Publisher : Cambridge University Press
ISBN 13 : 1107183340
Total Pages : 307 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutions, Religion and Politics in Asia by : Dian A. H. Shah

Download or read book Constitutions, Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Territory and Power in Constitutional Transitions

Author : George Anderson
Publisher : Oxford University Press
ISBN 13 : 0192573616
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Territory and Power in Constitutional Transitions by : George Anderson

Download or read book Territory and Power in Constitutional Transitions written by George Anderson and published by Oxford University Press. This book was released on 2019-03-07 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.