The National Question Secession And Constitutionalism

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Constitutionalism and Democracy

Author : Douglas Greenberg
Publisher : Oxford University Press
ISBN 13 : 9780195361254
Total Pages : 416 pages
Book Rating : 4.3/5 (612 download)

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Book Synopsis Constitutionalism and Democracy by : Douglas Greenberg

Download or read book Constitutionalism and Democracy written by Douglas Greenberg and published by Oxford University Press. This book was released on 1993-07-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Nullification and Secession in Modern Constitutional Thought

Author : Sanford Levinson
Publisher : University Press of Kansas
ISBN 13 : 0700622993
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Nullification and Secession in Modern Constitutional Thought by : Sanford Levinson

Download or read book Nullification and Secession in Modern Constitutional Thought written by Sanford Levinson and published by University Press of Kansas. This book was released on 2016-09-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Constitutional Democracy

Author : Walter F. Murphy
Publisher : JHU Press
ISBN 13 : 9780801884702
Total Pages : 588 pages
Book Rating : 4.8/5 (847 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 JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Constitutionalism and Democracy

Author : American Council of Learned Societies
Publisher : Oxford University Press on Demand
ISBN 13 : 0195071077
Total Pages : 416 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Constitutionalism and Democracy by : American Council of Learned Societies

Download or read book Constitutionalism and Democracy written by American Council of Learned Societies and published by Oxford University Press on Demand. This book was released on 1993 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The American Council of Learned Societies comparative constitutionalism papers."--T.p.

Post Sovereign Constitution Making

Author : Andrew Arato
Publisher : Oxford University Press
ISBN 13 : 0191074020
Total Pages : 300 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Post Sovereign Constitution Making by : Andrew Arato

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016-03-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Secession

Author : Allen Buchanan
Publisher : Westview Press
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Secession by : Allen Buchanan

Download or read book Secession written by Allen Buchanan and published by Westview Press. This book was released on 1991-09-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book-length treatment of an increasingly crucial topic. Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable and applies it to historical and contemporary examples. Buchanan locates his account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society, such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete account of political community and political obligation.This is an important book, not just for political and social theorists, but for any reader concerned with the future of troubled political federations and other states under conditions of ethnic and cultural pluralism.

Publications Relating to Various Aspects of Communism

Author :
Publisher :
ISBN 13 :
Total Pages : 968 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Publications Relating to Various Aspects of Communism by :

Download or read book Publications Relating to Various Aspects of Communism written by and published by . This book was released on 1961 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Struggle for South Sudan

Author : Luka Biong Deng Kuol
Publisher : Bloomsbury Publishing
ISBN 13 : 178673575X
Total Pages : 304 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis The Struggle for South Sudan by : Luka Biong Deng Kuol

Download or read book The Struggle for South Sudan written by Luka Biong Deng Kuol and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Sudan, the world's youngest country, has experienced a rocky start to its life as an independent nation. Less than three years after gaining independence in 2011 following a violent liberation war, the country slid back into conflict. In the wake of infighting within the ruling Sudan People's Liberation Movement (SPLM), violence erupted in South Sudan's capital, Juba, in December 2013. The conflict pitted President Salva Kiir's predominantly Dinka presidential guard against Nuer fighters loyal to the former Vice President Riek Machar. As fighting spread across the country, it has taken on an increasingly ethnic nature. Ceasefires have been agreed, but there have been repeated violations by all sides. Today the conflict continues unabated and the humanitarian situation grows ever more urgent. This book analyses the crisis and some of its contributing factors. The contributors have worked on South Sudan for a number of years and bring a wealth of knowledge and different perspectives to this discussion. Providing the most comprehensive analysis yet of South Sudan's social and political history, post-independence governance systems and the current challenges for development, this book will be essential reading for all those interested in the continuing struggle for peace in South Sudan.

One Nation, Indivisible?

Author : Robert F. Hawes
Publisher : Fultus Corporation
ISBN 13 : 1596820918
Total Pages : 357 pages
Book Rating : 4.5/5 (968 download)

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Book Synopsis One Nation, Indivisible? by : Robert F. Hawes

Download or read book One Nation, Indivisible? written by Robert F. Hawes and published by Fultus Corporation. This book was released on 2006 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is secession legal under the United States Constitution? "One Nation, Indivisible?" takes a fresh look at this old question by evaluating the key arguments of such anti-secession men as Daniel Webster and Abraham Lincoln, in light of reason, historical fact, the language of the Constitution, and the words of America's Founding Fathers. Modern anti-secession arguments are also examined, as are the questions of why Americans are becoming interested in secession once again, whether secession can be avoided, and how an American state might peacefully secede from the Union.

War and Peace in Sudan

Author : Manṣūr Khālid
Publisher : Routledge
ISBN 13 : 0710306636
Total Pages : 555 pages
Book Rating : 4.7/5 (13 download)

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Book Synopsis War and Peace in Sudan by : Manṣūr Khālid

Download or read book War and Peace in Sudan written by Manṣūr Khālid and published by Routledge. This book was released on 2003 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Morality and Legality of Secession

Author : Pau Bossacoma Busquets
Publisher : Springer Nature
ISBN 13 : 3030265897
Total Pages : 393 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Morality and Legality of Secession by : Pau Bossacoma Busquets

Download or read book Morality and Legality of Secession written by Pau Bossacoma Busquets and published by Springer Nature. This book was released on 2019-11-19 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores secession from three normative disciplines: political philosophy, international law and constitutional law. The author first develops a moral theory of secession based on a hypothetical multinational contract. Under this contract theory, injustices do not determine the existence of a right to secede, but the requirements to exercise it. The book’s second part then argues that international law is more inclined to accept and advance a remedial right approach to secession. Therefore, justice as multinational fairness is to be fully institutionalized under the constitutional law of liberal democracies. The final part proposes constitutionalizing a qualified right to secede with the aim of fostering recognition and accommodation of national pluralism as well as cooperation and compromise between majority and minority nations.

Identity, Diversity, and Constitutionalism in Africa

Author : Francis Mading Deng
Publisher : US Institute of Peace Press
ISBN 13 : 1601270348
Total Pages : 290 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Identity, Diversity, and Constitutionalism in Africa by : Francis Mading Deng

Download or read book Identity, Diversity, and Constitutionalism in Africa written by Francis Mading Deng and published by US Institute of Peace Press. This book was released on 2008 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Diversity and Self-Determination in International Law

Author : Karen Knop
Publisher : Cambridge University Press
ISBN 13 : 1139431927
Total Pages : 460 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Diversity and Self-Determination in International Law by : Karen Knop

Download or read book Diversity and Self-Determination in International Law written by Karen Knop and published by Cambridge University Press. This book was released on 2002-04-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Secession on Trial

Author : Cynthia Nicoletti
Publisher : Cambridge University Press
ISBN 13 : 1108415520
Total Pages : 359 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Secession on Trial by : Cynthia Nicoletti

Download or read book Secession on Trial written by Cynthia Nicoletti and published by Cambridge University Press. This book was released on 2017-10-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the treason trial of President Jefferson Davis, where the question of secession's constitutionality was debated.

Citizenship and Rights in Multicultural Societies

Author : Dunne Michael Dunne
Publisher : Edinburgh University Press
ISBN 13 : 1474467911
Total Pages : 288 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Citizenship and Rights in Multicultural Societies by : Dunne Michael Dunne

Download or read book Citizenship and Rights in Multicultural Societies written by Dunne Michael Dunne and published by Edinburgh University Press. This book was released on 2019-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical book examines the debates around contemporary conflicts between liberal democracies and increasingly vociferous special interest groups within society. It analyses the way a new sense of difference and the growth of multi-culturalism are straining modern notions of citizenship and rights, looking in particular at how ethnic conflicts in Eastern Europe have escalated to international tragedies, while in the US and Canada, race, ethnicity and radical feminism are at the heart of a social conflict which challenges national identity and the unity of the state.

The Dynamics of Exclusionary Constitutionalism

Author : Mazen Masri
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.