Hybrid Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108168825
Total Pages : 301 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

Hybrid Constitutions

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Publisher : Duke University Press
ISBN 13 : 0822391619
Total Pages : 206 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Hybrid Constitutions by : Vicki Hsueh

Download or read book Hybrid Constitutions written by Vicki Hsueh and published by Duke University Press. This book was released on 2010-01-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Hybrid Constitutionalism

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110719492X
Total Pages : 301 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

The Cambridge Handbook of Deliberative Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108307795
Total Pages : 398 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge Handbook of Deliberative Constitutionalism by : Ron Levy

Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Constitutional Theocracy

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Publisher : Harvard University Press
ISBN 13 : 0674048199
Total Pages : 315 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Theocracy by : Ran Hirschl

Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.

Broken Trust

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Publisher : University Press of Kansas
ISBN 13 : 0700621229
Total Pages : 216 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Broken Trust by : Stephen M. Griffin

Download or read book Broken Trust written by Stephen M. Griffin and published by University Press of Kansas. This book was released on 2015-08-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.

Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea

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Author :
Publisher :
ISBN 13 :
Total Pages : 113 pages
Book Rating : 4.:/5 (884 download)

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Book Synopsis Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea by :

Download or read book Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea written by and published by . This book was released on 2013 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer - rather than merely adapt to - political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea's post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea's political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition.

The New Commonwealth Model of Constitutionalism

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea

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Author :
Publisher :
ISBN 13 :
Total Pages : 113 pages
Book Rating : 4.:/5 (884 download)

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Book Synopsis Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea by :

Download or read book Hybrid Constitutionalism to Mainstream Human Rights in a Unified Korea written by and published by . This book was released on 2013 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer - rather than merely adapt to - political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea's post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea's political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition.

American Constitutionalism

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Publisher : Princeton University Press
ISBN 13 : 0691002401
Total Pages : 231 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis American Constitutionalism by : Stephen M. Griffin

Download or read book American Constitutionalism written by Stephen M. Griffin and published by Princeton University Press. This book was released on 1996 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tulane scholar Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.

Courting Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108831885
Total Pages : 289 pages
Book Rating : 4.1/5 (88 download)

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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.

Foundations of American Constitutionalism

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Publisher : Oxford University Press, USA
ISBN 13 : 0195059395
Total Pages : 332 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Foundations of American Constitutionalism by : David A. J. Richards

Download or read book Foundations of American Constitutionalism written by David A. J. Richards and published by Oxford University Press, USA. This book was released on 1989 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

Order from Transfer

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781952116
Total Pages : 383 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Order from Transfer by : Günter Frankenberg

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Constitutional Democracy

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Publisher : Johns Hopkins University Press
ISBN 13 : 9780801891076
Total Pages : 0 pages
Book Rating : 4.8/5 (91 download)

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Book Synopsis Constitutional Democracy by : Walter F. Murphy

Download or read book Constitutional Democracy written by Walter F. Murphy and published by Johns Hopkins University Press. This book was released on 2008-09-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2007 Best of the Social Sciences, Professional and Scholarly Publishing Division of the Association of American Publishers Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called "free government." In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates—many of whose arguments track those of real-life political, economic, and legal theorists—as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.

The Constitution of Freedom

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Publisher : Oxford University Press
ISBN 13 : 0191046035
Total Pages : 500 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Abusive Constitutional Borrowing

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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.

Constitutionalism in Asia in the Early Twenty-First Century

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Publisher : Cambridge University Press
ISBN 13 : 1139916823
Total Pages : 453 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Constitutionalism in Asia in the Early Twenty-First Century by : Albert H. Y. Chen

Download or read book Constitutionalism in Asia in the Early Twenty-First Century written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike.