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Constitutionalism And Good Governance
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Book Synopsis Constitutionalism and a Right to Effective Government? by : Vicki C. Jackson
Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Book Synopsis Comparative Constitutionalism and Good Governance in the Commonwealth by : John Hatchard
Download or read book Comparative Constitutionalism and Good Governance in the Commonwealth written by John Hatchard and published by Cambridge University Press. This book was released on 2004-07-08 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
Book Synopsis Constitutionalism and Good Governance by : Dirk Ehlers
Download or read book Constitutionalism and Good Governance written by Dirk Ehlers and published by Nomos Verlagsgesellschaft. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume addresses current issues and developments of European and Asian constitutionalism in 19 articles pertaining to 12 different constitutional regimes including topics like the constitution making and the design of constitutions, the judicialization of politics and constitutional courts, human rights in national law and the constitutionalization of national law by regional human right regimes, different concepts of the rule of law, electoral law, federalism, the majority principle and democracy, and ASEAN. Highlighting an interdisciplinary and comparative approach, the book resembles historical accounts, analytical studies, and political assessments by reputed legal and social science scholars including five (former) judges from the constitutional courts/council of Cambodia, Germany, Taiwan as well as the Supreme Administrative Court of Thailand.
Book Synopsis Comparative Constitutionalism and Good Governance in the Commonwealth by : John Hatchard
Download or read book Comparative Constitutionalism and Good Governance in the Commonwealth written by John Hatchard and published by . This book was released on 2004-07-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central role that effective governance plays in the economic and social development of a country is widely recognized. Using the example of the Commonwealth countries of eastern and southern Africa, this book analyzes the key issues in the process of developing, strengthening and consolidating the state's capacity to ensure the effective governance of its peoples. The book draws attention to the problems of constitutionalism and critically addresses legal issues involved in making constitutions "work" in practice.
Book Synopsis Rule of Law Dynamics by : Michael Zurn
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Book Synopsis Governance and Constitutionalism by : Bogdan Iancu
Download or read book Governance and Constitutionalism written by Bogdan Iancu and published by Routledge. This book was released on 2018-11-06 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.
Book Synopsis Constitutionalism and Good Governance by : Dirk Ehlers
Download or read book Constitutionalism and Good Governance written by Dirk Ehlers and published by Nomos Verlagsgesellschaft. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mit Blick auf 12 Verfassungsordnungen in Ost und West erArtert der wissenschaftliche Sammelband aktuelle Themen und Rechtsentwicklungen des europnischen und asiatischen Konstitutionalismus sowie Fragestellungen der Good Governance. Die einzelnen Beitrnge beschnftigen sich u.a. mit dem Prozess der Verfassungsgebung, mit der zunehmenden Verrechtlichung der Politik und mit der politischen Rolle der Verfassungsgerichtsbarkeit, mit dem Schutz der Grund- und Menschenrechte, mit unterschiedlichen Konzepten der Rechtsstaatlichkeit und mit dem Integrationsverband sdostasiatischer Nationen (ASEAN). Der Sammelband verfolgt einen interdisziplinnren und rechtsvergleichenden Ansatz. Das Werk enthnlt historische Berichte, analytische Untersuchungen und politische Einschntzungen von renommierten Politologen, Sozialwissenschaftlern und Juristen, darunter fnf (ehemalige) Richter der Verfassungsgerichte von Deutschland, Kambodscha und Taiwan sowie dem Obersten Verwaltungsgericht Thailands. aReiheCPG Series of Comparative Constitutional Law, Politics and Governance - Band 1"
Book Synopsis Good Governance and Constitutionalism in East Africa by : Dan Ogalo
Download or read book Good Governance and Constitutionalism in East Africa written by Dan Ogalo and published by . This book was released on 2009 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good governance and constitutionalism in East Africa : the contemporary relevance of the commonwealth, the Case of Tanzania / Ernest Mallya (p. 20-22). -- Sleeping giant or stealthy Nicodemus? a review of the role of the commonwealth in promoting the rule of law and good governance in Uganda / Daniel Ruhweza (p. 23-24). -- Old dominions or new territories : the role and relevance of the commonwealth in Kenya today / Otieno Aluoka (p. 25-27). -- Bursting from the seam? re-examining the role of the commonwealth in promoting good governance and constitutionalism / Anyang' Nyang'o (p. 38-48).
Book Synopsis Common Good Constitutionalism by : Adrian Vermeule
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Book Synopsis Constitutional Self-Government by : Christopher L. EISGRUBER
Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Book Synopsis Human Rights and Good Governance by : Wei Zhang
Download or read book Human Rights and Good Governance written by Wei Zhang and published by Martinus Nijhoff Publishers. This book was released on 2016-03-11 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China. In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.
Book Synopsis Good Governance, Constitutionalism and the Rule of Law by : Adeejat-Kubra Kolawole
Download or read book Good Governance, Constitutionalism and the Rule of Law written by Adeejat-Kubra Kolawole and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism, rule of law and good governance have remained topical and recurring issues in the discourse about African states. The ideals of those concepts however seem to have been continually and continuously been flouted by most African states. Some scholars have argued that the ideal of good governance has continued to elude most states of African descent because of the twin problems of endemic corruption and basic departure from the rule of law and constitutionalism. Thus African states have been accused of having "constitutions without the spirit of constitutionalism", of having laws without respect for the rule of law and of "creating poverty out of God given wealth" due to lack of good governance. In the last one decade and a half there has been a growing consciousness for the enthronement of these ideals as they have been recognized as the necessary pre-requisites for the attainment of an overall human and capital development and growth of a nation-ideals which are much more needed in developing nations. Through the instrumentality of the African Union (AU) certain laws and initiatives have been put in place such as the AU Charter on Democracy, Elections and Good Governance (giving set guidelines for the conduct of elections) and the African Peer Review Mechanism (APRM) initiative of New Partnership for African Development (NEPAD) designed to monitor governments of African states in all the realms of their governance activities (the executive, legislative and judiciary). In the West African sub region there is the Economic Communities of West African States (ECOWAS) Protocol on Democracy and Good Governance geared towards the same goal. These have been acclaimed as good steps in the right direction of achieving good governance in the African continent and the West African sub region respectively. Nigeria is an African nation and in particular, a member of ECOWAS. This paper examines the tripartite concepts of constitutionalism, rule of law and good governance in Africa taking Nigeria as the case study. It argues that there is a link between these three concepts as they will continue to be the indices by which the Nigerian nation will be measured in terms of their development not only in terms of economic or capital growth but also in the areas of human development and political well-being. The paper argues that although the current efforts of the Nigerian government towards the eradication of endemic corruption (stemming from lack of respect for the rule of law) and the establishment of machineries for good governance are efforts geared towards achieving sustainable development in the country; the activities of certain government agencies in Nigeria belie the goal. Taking a few case studies from the Nigerian experience, it posits that the continuing lack of respect for the rule of law and constitutionalism in Nigeria are the greatest impediments to the attainment of sustainable development in Nigeria. The paper therefore makes some suggestions for policy implications towards the achievement of the overarching goal of sustainable development in Nigeria.
Book Synopsis Against Constitutionalism by : Martin Loughlin
Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Book Synopsis Constitutionalism by : Charles Howard McIlwain
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Book Synopsis Experiments in Government and the Essentials of the Constitution by : Elihu Root
Download or read book Experiments in Government and the Essentials of the Constitution written by Elihu Root and published by Good Press. This book was released on 2019-12-12 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Experiments in Government and the Essentials of the Constitution' is a book that explains the author's thoughts about the U.S. constitution and how it affects its citizens and the government apparatus who are charged to implement them. The book was written by Elihu Root, an American lawyer, Republican politician, and statesman who served as Secretary of State and Secretary of War in the early twentieth century. He also served as United States Senator from New York and received the 1912 Nobel Peace Prize.
Book Synopsis Constitutionalism and Democracy by : Jon Elster
Download or read book Constitutionalism and Democracy written by Jon Elster and published by Cambridge University Press. This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Book Synopsis Constitutionalism and Democratic Governance: a Global Overview by : Noah Dawson
Download or read book Constitutionalism and Democratic Governance: a Global Overview written by Noah Dawson and published by . This book was released on 2022-09-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism is a doctrine that states a government's authority is determined by a body of laws or the constitution. It limits the power of the government and aims to prevent arbitrary governance. The two core features of constitutionalism are fundamental law and legitimacy of government, and civil rights and liberties. It describes and prescribes both the limits and source of government power derived from fundamental law. Constitutionalism defines the power structure of the society and also seeks protection of the interests of citizens, civil rights, and civil liberties, especially for the social minorities. Strong democratic governance ensures transparency and accountability in both the public and private sectors. An open, participatory governance process responds to citizen and business needs leading to better and fairer government policies. This book unravels the recent studies on constitutionalism and democratic governance. It picks up individual topics and explains their need and contribution in the context of a growing economy. This book will provide comprehensive knowledge to the readers.
