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Constitutionalism And Statecraft
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Book Synopsis Courting Constitutionalism by : Moeen Cheema
Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.
Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Download or read book Virtue Politics written by James Hankins and published by Harvard University Press. This book was released on 2019-12-17 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Helen and Howard Marraro Prize A Times Literary Supplement Book of the Year “Perhaps the greatest study ever written of Renaissance political thought.” —Jeffrey Collins, Times Literary Supplement “Magisterial...Hankins shows that the humanists’ obsession with character explains their surprising indifference to particular forms of government. If rulers lacked authentic virtue, they believed, it did not matter what institutions framed their power.” —Wall Street Journal “Puts the politics back into humanism in an extraordinarily deep and far-reaching way...For generations to come, all who write about the political thought of Italian humanism will have to refer to it; its influence will be...nothing less than transformative.” —Noel Malcolm, American Affairs “[A] masterpiece...It is only Hankins’s tireless exploration of forgotten documents...and extraordinary endeavors of editing, translation, and exposition that allow us to reconstruct—almost for the first time in 550 years—[the humanists’] three compelling arguments for why a strong moral character and habits of truth are vital for governing well. Yet they are as relevant to contemporary democracy in Britain, and in the United States, as to Machiavelli.” —Rory Stewart, Times Literary Supplement “The lessons for today are clear and profound.” —Robert D. Kaplan Convulsed by a civilizational crisis, the great thinkers of the Renaissance set out to reconceive the nature of society. Everywhere they saw problems. Corrupt and reckless tyrants sowing discord and ruling through fear; elites who prized wealth and status over the common good; religious leaders preoccupied with self-advancement while feuding armies waged endless wars. Their solution was at once simple and radical. “Men, not walls, make a city,” as Thucydides so memorably said. They would rebuild the fabric of society by transforming the moral character of its citizens. Soulcraft, they believed, was a precondition of successful statecraft. A landmark reappraisal of Renaissance political thought, Virtue Politics challenges the traditional narrative that looks to the Renaissance as the seedbed of modern republicanism and sees Machiavelli as its exemplary thinker. James Hankins reveals that what most concerned the humanists was not reforming institutions so much as shaping citizens. If character mattered more than laws, it would have to be nurtured through a new program of education they called the studia humanitatis: the precursor to our embattled humanities.
Download or read book New Beginnings written by Bill Kissane and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.
Book Synopsis A People's Constitution by : Rohit De
Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Book Synopsis The Oxford Handbook of Populism by : Cristóbal Rovira Kaltwasser
Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.
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 Diplomacy by : Michael J. Glennon
Download or read book Constitutional Diplomacy written by Michael J. Glennon and published by Princeton University Press. This book was released on 1990 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
Book Synopsis Constitutional Statecraft in Asian Courts by : Yvonne Tew
Download or read book Constitutional Statecraft in Asian Courts written by Yvonne Tew and published by Oxford University Press. This book was released on 2021-07-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Book Synopsis Statecraft as Soulcraft by : George F. Will
Download or read book Statecraft as Soulcraft written by George F. Will and published by Simon and Schuster. This book was released on 1984-05-17 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: George F. Will purports that the proper goals of statecraft, are justice, social cohesion, and national strength. Therefore, he urges the development of a "conservatism with a kindly face," capable of respecting private enterprise and at the same time espousing "an affirmative doctrine of the welfare state," which Will sees as "an embodiment of the wholesome ethic of common provision." Proper government involves the cultivation of good character in citizens. This is what is meant by statecraft as soulcraft.
Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Book Synopsis The Classical Liberal Constitution by : Richard A. Epstein
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Book Synopsis The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks
Download or read book The DNA of Constitutional Justice in Latin America written by Daniel M. Brinks and published by Cambridge University Press. This book was released on 2018-04-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Book Synopsis Unstable Constitutionalism by : Mark Tushnet
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Book Synopsis The National Security Constitution by : Harold Hongju Koh
Download or read book The National Security Constitution written by Harold Hongju Koh and published by Yale University Press. This book was released on 1990-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Iran-Contra affair and its implications.
Book Synopsis Founding Mothers of the Indian Republic by : Achyut Chetan
Download or read book Founding Mothers of the Indian Republic written by Achyut Chetan and published by Cambridge University Press. This book was released on 2022-11-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book begins with the momentous task of demolishing the prejudices attached with the phrase 'founding fathers' that has held an immense sway over constitutional interpretation. It shows that women members of the Indian Constituent Assembly had painstakingly co-authored a Constitution that embodied a moral imagination developed by years of feminist politics. It traces the genealogies of several constitutional provisions to argue that, without the interventions of these women framers, the Constitution would hardly have a much poorer document of rights and statecraft that it is. Situating these interventions in the larger trajectory of Indian feminism in which they are rooted, in the nationalist discourse with which they perpetually negotiated, and in the larger human rights discourse of the 1940s, the book shows that the women members of the Indian Constituent Assembly were much more than the 'founding mothers' of a republic.
Book Synopsis Social and Political Foundations of Constitutions by : Denis J. Galligan
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
