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Negotiating The Constitution
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Book Synopsis Negotiating the Constitution by : Joseph M. Lynch
Download or read book Negotiating the Constitution written by Joseph M. Lynch and published by Cornell University Press. This book was released on 2018-07-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Book Synopsis Negotiating the Constitution by : Joseph Martin Lynch
Download or read book Negotiating the Constitution written by Joseph Martin Lynch and published by . This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining debates in the first six Congresses, Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the creation of a national bank, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document - focusing on James Madison's changing views - as the new government took shape and political parties were formed.
Book Synopsis Negotiating the American Constitution (1787-1789) Coalitions, Process Rules, and Compromises by : Carrie Menkel-Meadow
Download or read book Negotiating the American Constitution (1787-1789) Coalitions, Process Rules, and Compromises written by Carrie Menkel-Meadow and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay describes the multi-party, multi-issue negotiations of the American Constitutional Convention in Philadelphia (1787), using the lens of negotiation theory. Expert process leadership by George Washington, James Madison and Benjamin Franklin, with deliberation about process rules (e.g. speaking rules, confidentiality) and decision rules (voting and reconsideration, packaging) as well as the use of committees and task groups to facilitate both cross-geopolitical and issue coalitions and specialization, rather than Committee of the Whole (plenary) meetings for all of the deliberations, allowed the negotiation, drafting and (later!) ratification of a monumental political document, with dubious political (and moral) legitimacy at the time of its completion, but considerable robustness, with a large number of amendments (including the “afterthoughts” of the Bill of Rights) over time. While there has been much replication of the text of the US Constitution (in later enacted Constitutions by other countries), not enough consideration has been given to the importance of process choices in comparative political theory (cf. Jon Elster's work). This essay attempts to illustrate the use of “applied history” in understanding complex diplomatic and political negotiations, by using current theories to explore past behavior.
Book Synopsis The Negotiable Constitution by : Grégoire C. N. Webber
Download or read book The Negotiable Constitution written by Grégoire C. N. Webber and published by Cambridge University Press. This book was released on 2009-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Author :Sumit Bisarya and Thibaut Noel Publisher :International Institute for Democracy and Electoral Assistance (International IDEA) ISBN 13 :9176714144 Total Pages :14 pages Book Rating :4.1/5 (767 download)
Book Synopsis Constitutional Negotiations by : Sumit Bisarya and Thibaut Noel
Download or read book Constitutional Negotiations written by Sumit Bisarya and Thibaut Noel and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2021-04-26 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Book Synopsis Negotiating in Civil Conflict by : Haider Ala Hamoudi
Download or read book Negotiating in Civil Conflict written by Haider Ala Hamoudi and published by University of Chicago Press. This book was released on 2013-11-12 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
Book Synopsis Negotiating a Constitution by : Rasmus C. Naeyé
Download or read book Negotiating a Constitution written by Rasmus C. Naeyé and published by . This book was released on 2011 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Negotiating the Ottoman Constitution 1839-1876 by : Aylin Koçunyan
Download or read book Negotiating the Ottoman Constitution 1839-1876 written by Aylin Koçunyan and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the transcultural and transnational dimension of the internal genesis of the Ottoman Constitution, which was promulgated on December 23, 1876. It shows that the constitutional process incorporated, from domestic authorities to foreign Powers, a plurality of formal and informal agents of different ethno-religious, cultural, and ideological backgrounds and that its investigation goes beyond the study of a national narrative.0Considering the issue of constitutional reforms from different angles (foreign influence and pressure, the agency of domestic actors and through discourse analysis of reform decrees), the book brings a critical approach to the existing historiographical narratives, which reduce Ottoman constitutional history to a simplistic process of transplanting western legal artefacts and regimes without measuring the selective control of dominant domestic groups over the process. Instead, the book shows the evolution of a continuous set of negotiations of various actors on the idea of constitution in the Ottoman Empire and thus sheds light on the social construction of the idea of justice and constitutional law. The draft constitutions studied throughout the book are the textual embodiment of these negotiations and unveil the ways in which concepts and issues such as legitimacy, the restriction of political power, lawful government, liberty, equality, the rule of people and the treatment of minorities reached the Ottoman context and the ways in which they acquired new meanings or equivalents during their adaptation to the imperial political culture.
Book Synopsis Mechanisms for Resolving Divisive Issues in Constitutional Negotiations by : Sujit Choudhry
Download or read book Mechanisms for Resolving Divisive Issues in Constitutional Negotiations written by Sujit Choudhry and published by . This book was released on 2017 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution making is a divisive process, and it must be so. In any healthy constitutional negotiation, issues will be brought to the table on which the interests of the negotiating parties diverge. Parties to constitutional negotiations are thus faced with the challenge of developing a final document in which each group within the nation can take pride and ownership, even though with respect to many divisive issues that group will not have obtained what it wanted. There can be no fool-proof algorithms for resolving divisive issues to achieve this end, but there are mechanisms with which every negotiation process should be equipped. This paper addresses mechanisms for resolving divisive issues in constitutional negotiations.
Book Synopsis Negotiating the Constitution by : Joseph M. Lynch
Download or read book Negotiating the Constitution written by Joseph M. Lynch and published by Cornell University Press. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions. Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited. Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document--focusing on James Madison's changing views--as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Book Synopsis Negotiating Federalism and the Structural Constitution by : Erin Ryan
Download or read book Negotiating Federalism and the Structural Constitution written by Erin Ryan and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay explores the emerging literature on the negotiation of structural constitutional governance, to which Professor Aziz Huq has made an important contribution in The Negotiated Structural Constitution, 114 Colum. L. Rev. 1595 (2014). In the piece, Professor Huq reviews the negotiation of constitutional entitlements and challenges the conventional wisdom about the limits of political bargaining as a means of allocating authority among the three branches of government. He argues that constitutional ambiguities in the horizontal allocation of power are sometimes best resolved through legislative-executive negotiation, just as uncertain grants of constitutional authority are already negotiated between state and federal actors in the vertical-federalism context. Indeed, at the margins between state and federal authority, executive and legislative authority, and even judicial and political authority -- inevitable zones of overlap and spillover emerge, where interpretive choices must be made. The operative constitutional question then becomes who is best positioned to make these interpretive choices. Huq's analysis of institutional bargaining along the horizontal separation-of-powers dimension adds dimension to an emerging literature on negotiated structural governance more generally. Previously predominated by vertical separation-of-powers analyses in the federalism literature, this new wave of bargaining-literate scholarship emphasizes the usefulness and inevitability of multilateral bargaining as an alternative for allocating constitutional authority in circumstances where unilateral judicial or statutory allocation is suboptimal at best -- and counterproductive at worst. Thematic among these new works is the idea that the Constitution does not resolve every structural question, and that certain unresolved structural dilemmas are most capably resolved by negotiation among legislative and executive actors at the local, state, and national levels. Different authors provide different pieces of the new theoretical justification for judicial deference to politically negotiated governance, notwithstanding the Supreme Court's simultaneous revival of judicially enforceable constraints in many of the same contexts. This essay reviews the unfolding literature on the negotiation of structural governance, analyzing points of conversion and issues of ongoing debate. Overall, scholars of negotiated governance find that bargaining is inevitable because the text of the Constitution cannot account for every possible ambiguity. Moreover, they conclude that political bargaining to resolve ambiguity is valuable when the required decisionmaking does not match the circumscribed skillset of judicial interpreters. Most are skeptical about the value of judicial review as current Supreme Court doctrine prescribes it, but -- and in contrast with previous scholarship emphasizing political safeguards -- many allow for some judicial role to police the most foreseeable harms associated with political bargaining. The essay concludes with thoughts about structural governance issues warranting further scrutiny in the next iteration of the discourse.
Book Synopsis Rationing the Constitution by : Andrew Coan
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Download or read book Czecho/Slovakia written by Eric Stein and published by University of Michigan Press. This book was released on 2000-01-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVDescribes the peaceful breakup of the Czechoslovak Federation /div
Book Synopsis Coasean Bargaining Over the Structural Constitution by : Aziz Z. Huq
Download or read book Coasean Bargaining Over the Structural Constitution written by Aziz Z. Huq and published by . This book was released on 2014 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution allocates entitlements to individuals and also institutions such as states and branches. It is familiar fare that individuals' entitlements are routinely deployed not only as shields against unconstitutional action, but also as bargaining chips when negotiating with the state. By contrast, the possibility that branches and states could bargain over structural entitlements has largely escaped scholarly or judicial attention. Yet institutional negotiation over federalism and separation-of-powers interests is both endemic and unavoidable. To ascertain when such negotiation should be allowed, this Article develops a general theory of negotiated structural arrangements by leveraging doctrinal, economic and political theory insights. Negotiated structural outcomes, the Article concludes, should be deemed constitutional absent a clear demonstration of negative externalities or paternalism-warranting 'internalities'.
Book Synopsis Constitutional Law and Regionalism by : Vito Breda
Download or read book Constitutional Law and Regionalism written by Vito Breda and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
Book Synopsis The Flexible Constitution by : Sean Wilson
Download or read book The Flexible Constitution written by Sean Wilson and published by Rowman & Littlefield. This book was released on 2013 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...
