The Latin American Constitutions And Revolutions

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New Constitutionalism in Latin America

Author : Almut Schilling-Vacaflor
Publisher : Routledge
ISBN 13 : 1317088638
Total Pages : 436 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor

Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Revolutionary Constitutions

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 473 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Revolutionary Constitutions by : Bruce Ackerman

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

The Ideology of Creole Revolution

Author : Joshua Simon
Publisher : Cambridge University Press
ISBN 13 : 1107158478
Total Pages : 287 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Ideology of Creole Revolution by : Joshua Simon

Download or read book The Ideology of Creole Revolution written by Joshua Simon and published by Cambridge University Press. This book was released on 2017-06-07 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the surprising similarities in the political ideas of the American and Latin American independence movements.

The Latin-American Constitutions and Revolutions

Author : John Watson Foster
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Latin-American Constitutions and Revolutions by : John Watson Foster

Download or read book The Latin-American Constitutions and Revolutions written by John Watson Foster and published by . This book was released on 1901 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Legal Foundations of Inequality

Author : Roberto Gargarella
Publisher : Cambridge University Press
ISBN 13 : 1139485989
Total Pages : 287 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

The Antebellum Origins of the Modern Constitution

Author : Simon J. Gilhooley
Publisher : Cambridge University Press
ISBN 13 : 1108853412
Total Pages : 285 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Antebellum Origins of the Modern Constitution by : Simon J. Gilhooley

Download or read book The Antebellum Origins of the Modern Constitution written by Simon J. Gilhooley and published by Cambridge University Press. This book was released on 2020-10-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

The Revolutionary Constitution

Author : David J. Bodenhamer
Publisher : Oxford University Press
ISBN 13 : 019991303X
Total Pages : 292 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Revolutionary Constitution by : David J. Bodenhamer

Download or read book The Revolutionary Constitution written by David J. Bodenhamer and published by Oxford University Press. This book was released on 2012-02-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Comparative Constitutional Law in Latin America

Author : Rosalind Dixon
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369210
Total Pages : 387 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitutional Law in Latin America by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Transformative Constitutionalism in Latin America

Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy

Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Constituting Empire

Author : Daniel J. Hulsebosch
Publisher : Univ of North Carolina Press
ISBN 13 : 0807876879
Total Pages : 505 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Constituting Empire by : Daniel J. Hulsebosch

Download or read book Constituting Empire written by Daniel J. Hulsebosch and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

The Environmental Rights Revolution

Author : David R. Boyd
Publisher : UBC Press
ISBN 13 : 0774821639
Total Pages : 470 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis The Environmental Rights Revolution by : David R. Boyd

Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.

Constitutional Revolution

Author : Gary Jeffrey Jacobsohn
Publisher : Yale University Press
ISBN 13 : 0300231024
Total Pages : 382 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Revolution by : Gary Jeffrey Jacobsohn

Download or read book Constitutional Revolution written by Gary Jeffrey Jacobsohn and published by Yale University Press. This book was released on 2020-05-19 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Toward an American Revolution

Author : Gerald John Fresia
Publisher : South End Press
ISBN 13 : 9780896082977
Total Pages : 270 pages
Book Rating : 4.0/5 (829 download)

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Book Synopsis Toward an American Revolution by : Gerald John Fresia

Download or read book Toward an American Revolution written by Gerald John Fresia and published by South End Press. This book was released on 1988 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In simple direct language, Jerry Fresia reveals the true intent of our "Founding Fathers" who designed the Constitution to protect their property and ensure that the poorer majority would have no real voice in political affairs. Fresia reveals the Founders' fears of "too much" democracy, why the Constitution was opposed by most Americans, and how its ratification was gained through deception and physical coercion. Toward an American Revolution shows how the illegal wars, domestic repression, and economic inequity of late twentieth century America are not incongruous with our Constitutional design. Book jacket.

Revolutions: a Very Short Introduction

Author : Jack A. Goldstone
Publisher : Oxford University Press
ISBN 13 : 0197666302
Total Pages : 177 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Revolutions: a Very Short Introduction by : Jack A. Goldstone

Download or read book Revolutions: a Very Short Introduction written by Jack A. Goldstone and published by Oxford University Press. This book was released on 2023 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the 20th and 21st century revolutions have become more urban, often less violent, but also more frequent and more transformative of the international order. Whether it is the revolutions against Communism in Eastern Europe and the USSR; the "color revolutions" across Asia, Europe and North Africa; or the religious revolutions in Iran, Afghanistan, and Syria; today's revolutions are quite different from those of the past. Modern theories of revolution have therefore replaced the older class-based theories with more varied, dynamic, and contingent models of social and political change. This new edition updates the history of revolutions, from Classical Greece and Rome to the Revolution of Dignity in the Ukraine, with attention to the changing types and outcomes of revolutionary struggles. It also presents the latest advances in the theory of revolutions, including the issues of revolutionary waves, revolutionary leadership, international influences, and the likelihood of revolutions to come. This volume provides a brief but comprehensive introduction to the nature of revolutions and their role in global history"--

The Inclusionary Turn in Latin American Democracies

Author : Diana Kapiszewski
Publisher : Cambridge University Press
ISBN 13 : 110890159X
Total Pages : 587 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Inclusionary Turn in Latin American Democracies by : Diana Kapiszewski

Download or read book The Inclusionary Turn in Latin American Democracies written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2021-02-04 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.

The Oxford Handbook of Constitutional Law in Latin America

Author : Conrado Hübner Mendes
Publisher : Oxford University Press
ISBN 13 : 0198786905
Total Pages : 970 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Constitutional Law in Latin America by : Conrado Hübner Mendes

Download or read book The Oxford Handbook of Constitutional Law in Latin America written by Conrado Hübner Mendes and published by Oxford University Press. This book was released on 2022 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

The Gun, the Ship, and the Pen

Author : Linda Colley
Publisher : National Geographic Books
ISBN 13 : 1324092386
Total Pages : 0 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis The Gun, the Ship, and the Pen by : Linda Colley

Download or read book The Gun, the Ship, and the Pen written by Linda Colley and published by National Geographic Books. This book was released on 2022-09-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.