The Dynamics of Exclusionary Constitutionalism

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Publisher :
ISBN 13 : 9781509902569
Total Pages : 232 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis The Dynamics of Exclusionary Constitutionalism by : Mazen Masri

Download or read book The Dynamics of Exclusionary Constitutionalism written by Mazen Masri and published by . This book was released on 2014 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. This book offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, it shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. This book is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society."--Résumé de l'éditeur.

The Dynamics of Exclusionary Constitutionalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902554
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Dynamics of Exclusionary Constitutionalism by : Mazen Masri

Download or read book The Dynamics of Exclusionary Constitutionalism written by Mazen Masri and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.

Eternity Clauses in Democratic Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0198858868
Total Pages : 338 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu

Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-04 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

How People View Democracy

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Publisher : JHU Press
ISBN 13 : 0801890616
Total Pages : 189 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis How People View Democracy by : Larry Diamond

Download or read book How People View Democracy written by Larry Diamond and published by JHU Press. This book was released on 2008-11-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays, which cover topics from Arab opinion about democracy to the nostalgia for authoritarianism found in East Asia. It sheds light on the rise of populism in Latin America, and explains why postcommunist regimes in Europe have won broad public support

The Strategic Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691214506
Total Pages : 435 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Strategic Constitution by : Robert D. Cooter

Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Gender, Sexuality and Constitutionalism in Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509941932
Total Pages : 383 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Gender, Sexuality and Constitutionalism in Asia by : Wen-Chen Chang

Download or read book Gender, Sexuality and Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the equal citizenship claims of women and sexual and gender diverse people across several Asian jurisdictions. The volume examines the rich diversity of constitutional responses to sex, gender and sexuality in the region from a comparative perspective. Leading comparative constitutional law scholars identify 'opportunity structures' to explain the uneven advancement of gender equality through constitutional litigation and consider a combination of variables which shape the diverging trajectories of the jurisdictions in this study. The authors also embed the relevant constitutional and legal developments in their historical, political and social contexts. This deep contextual understanding of the relationship between sex, gender, sexuality and constitutionalism greatly enriches the analysis. The case studies reflect a variety of constitutional structures, institutional designs and contextual dynamics which may advance or impede developments with respect to sex, gender and sexuality. As a whole, the chapters further an understanding of the constitutional domain as a fruitful site for advancing gender equality and the rights of sexual and gender diverse people. The jurisdictions covered represent all Asian sub-regions including: East Asia (Japan, Taiwan, Hong Kong and South Korea), South East Asia (Malaysia, Singapore, Philippines and Indonesia), and South Asia (India, Nepal, Pakistan and Sri Lanka). The introductory framework chapter situates these insights from the region within the broader global context of the evolution of gender constitutionalism.

Against Constitutionalism

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Publisher : Harvard University Press
ISBN 13 : 0674268024
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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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 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.

Rethinking Statehood in Palestine

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Publisher : Univ of California Press
ISBN 13 : 0520385624
Total Pages : 328 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Rethinking Statehood in Palestine by : Leila H. Farsakh

Download or read book Rethinking Statehood in Palestine written by Leila H. Farsakh and published by Univ of California Press. This book was released on 2021-10-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The quest for an inclusive and independent state has been at the center of the Palestinian national struggle for a very long time. This book critically reexamines this quest by exploring the meaning of Palestinian statehood and the challenges that face alternative models to it today. Rethinking Statehood in Palestine gives prominence to a young set of diverse Palestinian scholars, both men and women, to show how notions of citizenship, sovereignty, and nationhood are being currently rethought within the broader context of decolonization. Bringing forth critical and multifacetted engagements with what Palestinian self-determination entails within a larger regional context, this groundbreaking book sets the terms of debate for the future of Palestine beyond partition"--

Neither Settler nor Native

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Publisher : Harvard University Press
ISBN 13 : 0674249976
Total Pages : 417 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Neither Settler nor Native by : Mahmood Mamdani

Download or read book Neither Settler nor Native written by Mahmood Mamdani and published by Harvard University Press. This book was released on 2020-11-30 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prospect Top 50 Thinker of 2021 British Academy Book Prize Finalist PROSE Award Finalist “Provocative, elegantly written.” —Fara Dabhoiwala, New York Review of Books “Demonstrates how a broad rethinking of political issues becomes possible when Western ideals and practices are examined from the vantage point of Asia and Africa.” —Pankaj Mishra, New York Review of Books In case after case around the globe—from Israel to Sudan—the colonial state and the nation-state have been constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. The model emerged in America, where genocide and internment on reservations created a permanent native minority. In Europe, this template would be used both by the Nazis and the Allies. Neither Settler nor Native offers a vision for arresting this process. Mahmood Mamdani points to inherent limitations in the legal solution attempted at Nuremberg. Political violence demands political solutions: not criminal justice but a rethinking of the political community to include victims and perpetrators, bystanders and beneficiaries. Making the radical argument that the nation-state was born of colonialism, he calls on us to delink the nation from the state so as to ensure equal political rights for all who live within its boundaries. “A deeply learned account of the origins of our modern world...Mamdani rejects the current focus on human rights as the means to bring justice to the victims of this colonial and postcolonial bloodshed. Instead, he calls for a new kind of political imagination...Joining the ranks of Hannah Arendt’s Imperialism, Frantz Fanon’s The Wretched of the Earth, and Edward Said’s Orientalism, this book is destined to become a classic text of postcolonial studies and political theory.” —Moustafa Bayoumi, author of How Does It Feel to Be a Problem? “A masterwork of historical comparison and razor-sharp political analysis, with grave lessons about the pitfalls of forgetting, moralizing, or criminalizing this violence. Mamdani also offers a hopeful rejoinder in a revived politics of decolonization.” —Karuna Mantena, Columbia University “A powerfully original argument, one that supplements political analysis with a map for our political future.” —Faisal Devji, University of Oxford

Constitutionalism in Context

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Publisher :
ISBN 13 : 1108674267
Total Pages : 612 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

An Unamendable Constitution?

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Publisher : Springer
ISBN 13 : 3319951416
Total Pages : 390 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis An Unamendable Constitution? by : Richard Albert

Download or read book An Unamendable Constitution? written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Responsible Government and the Australian Constitution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509955801
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Responsible Government and the Australian Constitution by : Benjamin B Saunders

Download or read book Responsible Government and the Australian Constitution written by Benjamin B Saunders and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.

The Double-Facing Constitution

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Publisher : Cambridge University Press
ISBN 13 : 1108485480
Total Pages : 443 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Double-Facing Constitution by : Jacco Bomhoff

Download or read book The Double-Facing Constitution written by Jacco Bomhoff and published by Cambridge University Press. This book was released on 2020-01-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how constitutional orders engage with and are shaped by their exteriors.

The Foundations and Traditions of Constitutional Amendment

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509908277
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Foundations and Traditions of Constitutional Amendment by : Richard Albert

Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.

Australian Constitutional Values

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509918426
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Australian Constitutional Values by : Rosalind Dixon

Download or read book Australian Constitutional Values written by Rosalind Dixon and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Constitutional Courts, Media and Public Opinion

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509953620
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Courts, Media and Public Opinion by : Angioletta Sperti

Download or read book Constitutional Courts, Media and Public Opinion written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens. How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation. Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved. The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

The Hebrew Falcon

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Publisher : State University of New York Press
ISBN 13 : 1438497679
Total Pages : 489 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis The Hebrew Falcon by : Roman Vater

Download or read book The Hebrew Falcon written by Roman Vater and published by State University of New York Press. This book was released on 2024-05-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adya Gur Horon (1907–1972) was a provocative public intellectual and historical and geopolitical thinker who called for the overthrow of the Israeli non-democratic state-order in favor of an "imperial" Hebrew national vision based on the domination of the whole Levant. Drawing on Horon's private archive, Roman Vater studies the intellectual sources of the mid-twentieth century Hebrew national ideology, known as "Canaanism," contending this vision can only be properly understood in light of Horon's articulation of its historical "foundation myth." The intellectual and political rivalry between Jewish ethnic nationalism and Hebrew civic nationalism, represented by the "Canaanite" challenge to Zionism, continues to inform current debates about Israel’s identity and its relation to world Jewry on the one hand and the Arab world on the other—and largely determines Israel's global political alliances to this day. The Hebrew Falcon is indispensable reading for scholars and students of nationalism, Israel, Zionism, and the intellectual and political history of the modern Middle East.