Constitutional Design for Divided Societies

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Publisher : Oxford University Press on Demand
ISBN 13 : 0199535418
Total Pages : 491 pages
Book Rating : 4.1/5 (995 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 Oxford University Press on Demand. This book was released on 2008 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.

Constitutionalism in Context

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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.

Making Constitutions in Deeply Divided Societies

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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.

Comparative Constitutional Design

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Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Electoral Systems and Conflict in Divided Societies

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Publisher : National Academies Press
ISBN 13 : 0309519101
Total Pages : 72 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 72 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

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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.

Politics in Deeply Divided Societies

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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.

Conflict Management in Divided Societies

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Publisher : Routledge
ISBN 13 : 1136630732
Total Pages : 390 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Conflict Management in Divided Societies by : Stefan Wolff

Download or read book Conflict Management in Divided Societies written by Stefan Wolff and published by Routledge. This book was released on 2013-03-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting and innovative new textbook takes a multi-perspective approach to the study of conflict management in divided societies. Offering a wide range of perspectives from the leading experts in the field, the work explains conflict management from the viewpoint of the political scientist, the constitutional architect, the activist, and the NGO. It examines the philosophies underpinning constitutional design, the actors and processes involved, and the practicalities of the settlement process, combining conceptual and theoretical contributions with empirical case studies. In so doing, it provides a comprehensive global introduction to the study of conflict management in divided societies. Features & benefits of the textbook: Clearly explains the theories underpinning constitutional design including power sharing/liberal consociationalism, centripetalism, power dividing, and territorial solutions Surveys the key actors and processes involved in designing and implementing peace including the evolution of diplomacy in peace-making, and separate chapters about crafting solutions for divided societies from the perspectives of NGOs, the UN, EU and AU Explores the realities on the ground with chapters written by activists and practitioners which draw on their experience of working in conflict zones Written in a clear and engaging style, this work is essential reading for all students of conflict resolution.

Constitutions and Conflict Management in Africa

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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.

Power-Sharing and Political Stability in Deeply Divided Societies

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Publisher : Routledge
ISBN 13 : 131768219X
Total Pages : 188 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Power-Sharing and Political Stability in Deeply Divided Societies by : Allison McCulloch

Download or read book Power-Sharing and Political Stability in Deeply Divided Societies written by Allison McCulloch and published by Routledge. This book was released on 2014-06-05 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly all the peace accords signed in the last two decades have included power-sharing in one form or another. The notion of both majority and minority segments co-operating for the purposes of political stability has informed both international policy prescriptions for post-conflict zones and home-grown power-sharing pacts across the globe. This book examines the effect of power-sharing forms of governance in bringing about political stability amid deep divisions. It is the first major comparison of two power-sharing designs – consociationalism and centripetalism - and it assesses a number of cases central to the debate, including Nigeria, Sri Lanka, Fiji, Bosnia and Herzegovina, Burundi and Northern Ireland. Drawing on information from a variety of sources, such as political party manifestoes and websites, media coverage, think tank reports, and election results, the author reaches significant conclusions about power-sharing as an invaluable conflict-management device. This text will be of key interest to students and scholars of ethnic conflict management, power-sharing, ethnic politics, democracy and democratization, comparative constitutional design, comparative politics, intervention and peace-building.

The Architecture of Democracy

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Publisher : OUP Oxford
ISBN 13 : 0191529850
Total Pages : 534 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Architecture of Democracy by : Andrew Reynolds

Download or read book The Architecture of Democracy written by Andrew Reynolds and published by OUP Oxford. This book was released on 2002-03-14 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic design is increasingly seen as the key to crafting stability in the fragile states of the developing world. Getting the democratic institutions right may not guarantee success but getting them wrong has led to violent collapse in many socially divided states. The Architecture of Democracy brings together both theory and case study evidence to provide the reader with an excellent overview of the cutting edge of academic debate and its practical implications for democratic design in the 21st century. The discipline of constitutional engineering reached maturity in the 1990s with theories of ethnic polarization and democratic conflict management being applied in trouble spots across the globe. Andrew Reynolds brings together the leading lights of the discipline to discuss the successes and failures of constitutional design. The two icons of modern constitutional design, Arend Lijphart and Donald Horowitz, lead off by debating their own contributions to the field. Then Olga Shvetsova, Timothy Frye, and José Antônio Cheibub, present important new evidence from Europe, the Central and Eastern Europe/Asia, and Latin America. Steven Solnick, Yash Ghai, Pippa Norris, and Rein Taagepera analyze the effects of presdential and parliamentary systems, issues of federalism and autonomy, and the varying impact of electoral systems. The book concludes with Brij Lal's case study of Fiji, Brendan O'Leary on Northern Ireland, Bereket Habte Selassie on Eritrea, William Liddle on Indonesia, Rotimi Suburu and Larry Diamond on Nigeria, and David Stuligross and Ashutosh Varshney on India. The Architecture of Democracy is the culmination of the study of constitutional engineering in the third wave of democracy and sets parameters for this crucial research as democracy diffuses across the world.

A Democratic South Africa?

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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.

Conflict and Peace Building in Divided Societies

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Publisher : Routledge
ISBN 13 : 1134128142
Total Pages : 271 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Conflict and Peace Building in Divided Societies by : Anthony Oberschall

Download or read book Conflict and Peace Building in Divided Societies written by Anthony Oberschall and published by Routledge. This book was released on 2007-03-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This integrated analysis of conflict and conciliation in protracted insurgency and civil war in societies divided on ethnicity, language and nationality, combines exposition of conflict management theory with detailed examples and case studies on the.

Rights in Divided Societies

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319793
Total Pages : 284 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rights in Divided Societies by : Colin Harvey

Download or read book Rights in Divided Societies written by Colin Harvey and published by Bloomsbury Publishing. This book was released on 2012-07-20 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Borrowing Constitutional Designs

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Publisher : Princeton University Press
ISBN 13 : 9781400832620
Total Pages : 168 pages
Book Rating : 4.8/5 (326 download)

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Book Synopsis Borrowing Constitutional Designs by : Cindy Skach

Download or read book Borrowing Constitutional Designs written by Cindy Skach and published by Princeton University Press. This book was released on 2011-02-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

Territory and Power in Constitutional Transitions

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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.

From Power Sharing to Democracy

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773573100
Total Pages : 320 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis From Power Sharing to Democracy by : Sid Noel

Download or read book From Power Sharing to Democracy written by Sid Noel and published by McGill-Queen's Press - MQUP. This book was released on 2005-09-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Power Sharing to Democracy examines the theoretical underpinnings of power sharing as a means of achieving sustainable democratic governance. Contributors examine key areas, including Afghanistan, Cyprus, Kosovo, Macedonia, and South Africa, where power-sharing constitutions and political institutions have been employed or proposed. They provide an in-depth exploration of consociationalism, under which the previously warring ethnic communities are guaranteed a proportionate share of political offices and protection of their vital interests, and federalism, which provides for substantial territorial autonomy in cases where the communities are territorially segregated.