A Constitution of the People and How to Achieve It

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Publisher : BoD – Books on Demand
ISBN 13 : 3838215168
Total Pages : 382 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Constitution of the People and How to Achieve It by : Aarif Abraham

Download or read book A Constitution of the People and How to Achieve It written by Aarif Abraham and published by BoD – Books on Demand. This book was released on 2021-04-30 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

Colombian Constitutional Law

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Publisher : Oxford University Press
ISBN 13 : 0190640383
Total Pages : 449 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Colombian Constitutional Law by : Manuel José Cepeda Espinosa

Download or read book Colombian Constitutional Law written by Manuel José Cepeda Espinosa and published by Oxford University Press. This book was released on 2017-02-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.

Constitution Making Under Occupation

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Publisher : Columbia University Press
ISBN 13 : 0231143028
Total Pages : 376 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis Constitution Making Under Occupation by : Andrew Arato

Download or read book Constitution Making Under Occupation written by Andrew Arato and published by Columbia University Press. This book was released on 2009 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

A Republic, If You Can Keep It

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Publisher : Forum Books
ISBN 13 : 0525576797
Total Pages : 370 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis A Republic, If You Can Keep It by : Neil Gorsuch

Download or read book A Republic, If You Can Keep It written by Neil Gorsuch and published by Forum Books. This book was released on 2019-09-10 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

The Republic in Print

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Publisher : Columbia University Press
ISBN 13 : 023151123X
Total Pages : 569 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis The Republic in Print by : Trish Loughran

Download or read book The Republic in Print written by Trish Loughran and published by Columbia University Press. This book was released on 2007-09-18 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the beginning, all the world was America." John Locke In the beginning, everything was America, but where did America begin? In many narratives of American nationalism (both popular and academic), the United States begins in print-with the production, dissemination, and consumption of major printed texts like Common Sense , the Declaration of Independence, newspaper debates over ratification, and the Constitution itself. In these narratives, print plays a central role in the emergence of American nationalism, as Americans become Americans through acts of reading that connect them to other like-minded nationals. In The Republic in Print, however, Trish Loughran overturns this master narrative of American origins and offers a radically new history of the early republic and its antebellum aftermath. Combining a materialist history of American nation building with an intellectual history of American federalism, Loughran challenges the idea that print culture created a sense of national connection among different parts of the early American union and instead reveals the early republic as a series of local and regional reading publics with distinct political and geographical identities. Focusing on the years between 1770 and 1870, Loughran develops two richly detailed and provocative arguments. First, she suggests that it was the relative lack of a national infrastructure (rather than the existence of a tightly connected print network) that actually enabled the nation to be imagined in 1776 and ratification to be secured in 1787-88. She then describes how the increasingly connected book market of the 1830s, 1840s, and 1850s unexpectedly exposed cracks in the evolving nation, especially in regards to slavery, exacerbating regional differences in ways that ultimately contributed to secession and civil war. Drawing on a range of literary, historical, and archival materials-from essays, pamphlets, novels, and plays, to engravings, paintings, statues, laws, and maps The Republic in Print provides a refreshingly original cultural history of the American nation-state over the course of its first century.

When Rights Embrace Responsibilities

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Publisher : Oxford University Press
ISBN 13 : 0199091897
Total Pages : 211 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis When Rights Embrace Responsibilities by : Giulia Sajeva

Download or read book When Rights Embrace Responsibilities written by Giulia Sajeva and published by Oxford University Press. This book was released on 2018-04-16 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192650513
Total Pages : 497 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Constitutionalism by : Alejandro Linares Cantillo

Download or read book Constitutionalism written by Alejandro Linares Cantillo and published by Oxford University Press. This book was released on 2021-03-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

India’s Founding Moment

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Publisher : Harvard University Press
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India’s Founding Moment by : Madhav Khosla

Download or read book India’s Founding Moment written by Madhav Khosla and published by Harvard University Press. This book was released on 2020-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.

Roman Law and Economics

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Publisher :
ISBN 13 : 0198787200
Total Pages : 368 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Roman Law and Economics by : Giuseppe Dari-Mattiacci

Download or read book Roman Law and Economics written by Giuseppe Dari-Mattiacci and published by . This book was released on 2020 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.

Courts, Politics and Constitutional Law

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Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Democracy and Dysfunction

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Publisher : University of Chicago Press
ISBN 13 : 022661204X
Total Pages : 226 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Democracy and Dysfunction by : Sanford Levinson

Download or read book Democracy and Dysfunction written by Sanford Levinson and published by University of Chicago Press. This book was released on 2019-04-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Tunisia

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Publisher : Columbia University Press
ISBN 13 : 0231545029
Total Pages : 503 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Tunisia by : Safwan M. Masri

Download or read book Tunisia written by Safwan M. Masri and published by Columbia University Press. This book was released on 2017-09-05 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Arab Spring began and ended with Tunisia. In a region beset by brutal repression, humanitarian disasters, and civil war, Tunisia's Jasmine Revolution alone gave way to a peaceful transition to a functioning democracy. Within four short years, Tunisians passed a progressive constitution, held fair parliamentary elections, and ushered in the country's first-ever democratically elected president. But did Tunisia simply avoid the misfortunes that befell its neighbors, or were there particular features that set the country apart and made it a special case? In Tunisia: An Arab Anomaly, Safwan M. Masri explores the factors that have shaped the country's exceptional experience. He traces Tunisia's history of reform in the realms of education, religion, and women's rights, arguing that the seeds for today's relatively liberal and democratic society were planted as far back as the middle of the nineteenth century. Masri argues that Tunisia stands out not as a model that can be replicated in other Arab countries, but rather as an anomaly, as its history of reformism set it on a separate trajectory from the rest of the region. The narrative explores notions of identity, the relationship between Islam and society, and the hegemonic role of religion in shaping educational, social, and political agendas across the Arab region. Based on interviews with dozens of experts, leaders, activists, and ordinary citizens, and a synthesis of a rich body of knowledge, Masri provides a sensitive, often personal, account that is critical for understanding not only Tunisia but also the broader Arab world.

Our Secret Constitution

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Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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Book Synopsis Our Secret Constitution by : George P. Fletcher

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

Life and Money

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Publisher : Columbia University Press
ISBN 13 : 0231544073
Total Pages : 350 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Life and Money by : Ute Astrid Tellmann

Download or read book Life and Money written by Ute Astrid Tellmann and published by Columbia University Press. This book was released on 2017-11-21 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life and Money uncovers the contentious history of the boundary between economy and politics in liberalism. Ute Tellmann traces the shifting ontologies for defining economic necessity. She argues that our understanding of the malleability of economic relations has been displaced by colonial hierarchies of civilization and the biopolitics of the nation. Bringing economics into conversation with political theory, cultural economy, postcolonial thought, and history, Tellmann gives a radically novel interpretation of scarcity and money in terms of materiality, temporality, and affect. The book investigates the conceptual shifts regarding economic order during two moments of profound crisis in the history of liberalism. In the wake of the French Revolution, Thomas Robert Malthus’s notion of population linked liberalism to a sense of economic necessity that stands counter to political promises of equality. During the Great Depression, John Maynard Keynes’s writings on money proved crucial for the invention of macroeconomic theory and signaled the birth of the managed economy. Both periods, Tellmann shows, entail a displacement of the malleability of the economic. By tracing this conceptual history, Life and Money opens up liberalism, including our neoliberal present, to a new sense of economic and political possibility.

The Palgrave Handbook of the Public Servant

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Publisher : Palgrave Macmillan
ISBN 13 : 9783030299798
Total Pages : 1737 pages
Book Rating : 4.2/5 (997 download)

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Book Synopsis The Palgrave Handbook of the Public Servant by : Helen Sullivan

Download or read book The Palgrave Handbook of the Public Servant written by Helen Sullivan and published by Palgrave Macmillan. This book was released on 2021-06-01 with total page 1737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palgrave Handbook of the Public Servant examines what it means to be a public servant in today’s world(s) where globalisation and neoliberalism have proliferated the number of actors who contribute to the public purpose sector and created new spaces that public servants now operate in. It considers how different scholarly approaches can contribute to a better understanding of the identities, motivations, values, roles, skills, positions and futures for the public servant, and how scholarly knowledge can be informed by and translated into value for practice. The book combines academic contributions with those from practitioners so that key lessons may be synthesised and translated into the context of the public servant.

The Antebellum Origins of the Modern Constitution

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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.

Indigenous Water Rights in Law and Regulation

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Publisher : Cambridge University Press
ISBN 13 : 1108473067
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson

Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.