Constitution-Making under UN Auspices

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199098360
Total Pages : 374 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Constitution-Making under UN Auspices by : Vijayashri Sripati

Download or read book Constitution-Making under UN Auspices written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2020-01-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

Constitution-making Under UN Auspices

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780199498024
Total Pages : 0 pages
Book Rating : 4.4/5 (98 download)

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Book Synopsis Constitution-making Under UN Auspices by : Vijayashri Sripati

Download or read book Constitution-making Under UN Auspices written by Vijayashri Sripati and published by Oxford University Press, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

Making Globalization Happen

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198903170
Total Pages : 577 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Making Globalization Happen by : Vijayashri Sripati

Download or read book Making Globalization Happen written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2024-03-25 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.

Transnational Constitution Making

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1040035752
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Transnational Constitution Making by : Alicia Pastor y Camarasa

Download or read book Transnational Constitution Making written by Alicia Pastor y Camarasa and published by Taylor & Francis. This book was released on 2024-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Human Rights and Constitution Making: Institutional and procedural guarantees of rights

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Author :
Publisher :
ISBN 13 : 9789213622513
Total Pages : 144 pages
Book Rating : 4.6/5 (225 download)

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Book Synopsis Human Rights and Constitution Making: Institutional and procedural guarantees of rights by :

Download or read book Human Rights and Constitution Making: Institutional and procedural guarantees of rights written by and published by . This book was released on 2018 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Constitutional Foundings in South Asia

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930272
Total Pages : 240 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Foundings in South Asia by : Kevin YL Tan

Download or read book Constitutional Foundings in South Asia written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Constitution-making and Reform

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Author :
Publisher :
ISBN 13 : 9782839908719
Total Pages : 369 pages
Book Rating : 4.9/5 (87 download)

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Book Synopsis Constitution-making and Reform by : Michele Brandt

Download or read book Constitution-making and Reform written by Michele Brandt and published by . This book was released on 2011 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Yearbook of Constitutional Law 2021

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Author :
Publisher : Springer Nature
ISBN 13 : 9462655359
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2021 by : Jurgen de Poorter

Download or read book European Yearbook of Constitutional Law 2021 written by Jurgen de Poorter and published by Springer Nature. This book was released on 2022-06-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, administrators and judges at the frontline of the constitutional edifice, which is accomplished through national, comparative and transnational perspectives on constitutional advice from Europe and beyond. Addressing the topic of constitutional advice is necessary to broaden and deepen not only our understanding of advice as a field in its own right, but also as a way of rendering a fuller account of contemporary constitutionalism. Also, the increasing political polarisation across many societies today underscores the need to study constitutional advice on topics of significance in an attempt to bridge divides and end gridlock. This book will be of special interest to constitutional scholars and legal scholars more generally, as well as to political scientists. In addition, government officials, judges and policy-makers wishing to better understand the legal mechanisms and avenues when it comes to rendering or receiving advice in the contemporary constitutional context will find much of relevance. Jurgen de Poorter is professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at Yong Pung How School of Law, Singapore Management University, Singapore.

Constitutionalizing World Politics

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108835090
Total Pages : 373 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Constitutionalizing World Politics by : Karolina M. Milewicz

Download or read book Constitutionalizing World Politics written by Karolina M. Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.

Abusive Constitutional Borrowing

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192893769
Total Pages : 241 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Abusive Constitutional Borrowing by : Rosalind Dixon

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Eternity Clauses in Democratic Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192602608
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu

Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

Dialogue and Decolonization

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Publisher : Bloomsbury Publishing
ISBN 13 : 1350360821
Total Pages : 217 pages
Book Rating : 4.3/5 (53 download)

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Book Synopsis Dialogue and Decolonization by : Monika Kirloskar-Steinbach

Download or read book Dialogue and Decolonization written by Monika Kirloskar-Steinbach and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: By bringing together philosophers whose work on political philosophy, intellectual history, and world philosophies pushes the boundaries of conventional scholarship, this collaborative collection opens up space in political philosophy for new approaches. Garrick Cooper, Sudipta Kaviraj, Charles W. Mills, and Sor-hoon Tan respond to the challenges James Tully raises for comparative political thought. Arranged around Tully's opening chapter, they demonstrate the value of critical dialogue and point to the different attempts cultures make to understand their experiences. Through the use of methods from various disciplines and cultural contexts, each interlocutor exemplifies the transformative power of genuine democratic dialogue across philosophical traditions. Together they call for a radical reorientation of conceptual and intellectual readings from intellectual history including the Afro-modern political tradition, Indigenous philosophies, and the lived experiences of societies in Asia. This is an urgent methodological provocation for anyone interested in the ethical, conceptual, and political challenges of political thought today.

Constitutional Resilience in South Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509948864
Total Pages : 536 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Resilience in South Asia by : Swati Jhaveri

Download or read book Constitutional Resilience in South Asia written by Swati Jhaveri and published by Bloomsbury Publishing. This book was released on 2023-06-01 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

Social Justice and the World of Work

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509961275
Total Pages : 401 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Social Justice and the World of Work by : Brian Langille

Download or read book Social Justice and the World of Work written by Brian Langille and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.

Framing the State in Times of Transition

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Author :
Publisher : US Institute of Peace Press
ISBN 13 : 1601270550
Total Pages : 737 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Framing the State in Times of Transition by : Laurel E. Miller

Download or read book Framing the State in Times of Transition written by Laurel E. Miller and published by US Institute of Peace Press. This book was released on 2010 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Constitution-making Under UN Auspices

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Author :
Publisher :
ISBN 13 : 9780199098378
Total Pages : 320 pages
Book Rating : 4.0/5 (983 download)

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Book Synopsis Constitution-making Under UN Auspices by : Vijayashri Sripati

Download or read book Constitution-making Under UN Auspices written by Vijayashri Sripati and published by . This book was released on 2020 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

Democratic Multiplicity

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Publisher : Cambridge University Press
ISBN 13 : 1009178369
Total Pages : 459 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Democratic Multiplicity by : James Tully

Download or read book Democratic Multiplicity written by James Tully and published by Cambridge University Press. This book was released on 2022-08-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discloses the radical diversity of the field of democracy that is overlooked by mainstream political science.