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Engineering Constitutional Change
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Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Download or read book Constitution 3.0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui
Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-24 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
Book Synopsis A Democratic South Africa? by : Donald L. Horowitz
Download or read book A Democratic South Africa? written by Donald L. Horowitz and published by Univ of California Press. This book was released on 1992-05-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una reproducción digital está disponible en E -Editions, una colaboración de la Universidad de California Press y el programa eScholarship de la Biblioteca Digital de California.
Book Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades
Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Book Synopsis Redesigning the State by : Keith G. Banting
Download or read book Redesigning the State written by Keith G. Banting and published by . This book was released on 1985 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Open Government written by Daniel Lathrop and published by "O'Reilly Media, Inc.". This book was released on 2010-02-08 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where web services can make real-time data accessible to anyone, how can the government leverage this openness to improve its operations and increase citizen participation and awareness? Through a collection of essays and case studies, leading visionaries and practitioners both inside and outside of government share their ideas on how to achieve and direct this emerging world of online collaboration, transparency, and participation. Contributions and topics include: Beth Simone Noveck, U.S. Deputy Chief Technology Officer for open government, "The Single Point of Failure" Jerry Brito, senior research fellow at the Mercatus Center at George Mason University, "All Your Data Are Belong to Us: Liberating Government Data" Aaron Swartz, cofounder of reddit.com, OpenLibrary.org, and BoldProgressives.org, "When Is Transparency Useful?" Ellen S. Miller, executive director of the Sunlight Foundation, "Disrupting Washington's Golden Rule" Carl Malamud, founder of Public.Resource.Org, "By the People" Douglas Schuler, president of the Public Sphere Project, "Online Deliberation and Civic Intelligence" Howard Dierking, program manager on Microsoft's MSDN and TechNet Web platform team, "Engineering Good Government" Matthew Burton, Web entrepreneur and former intelligence analyst at the Defense Intelligence Agency, "A Peace Corps for Programmers" Gary D. Bass and Sean Moulton, OMB Watch, "Bringing the Web 2.0 Revolution to Government" Tim O'Reilly, founder and CEO of O'Reilly Media, "Defining Government 2.0: Lessons Learned from the Success of Computer Platforms" Open Government editors: Daniel Lathrop is a former investigative projects reporter with the Seattle Post Intelligencer who's covered politics in Washington state, Iowa, Florida, and Washington D.C. He's a specialist in campaign finance and "computer-assisted reporting" -- the practice of using data analysis to report the news. Laurel Ruma is the Gov 2.0 Evangelist at O'Reilly Media. She is also co-chair for the Gov 2.0 Expo.
Book Synopsis The English Constitution by : Walter Bagehot
Download or read book The English Constitution written by Walter Bagehot and published by Createspace Independent Publishing Platform. This book was released on 1867 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.
Book Synopsis Participatory Constitutional Change by : Xenophon Contiades
Download or read book Participatory Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2016-10-04 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.
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 417 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.
Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert
Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
Book Synopsis Constitutional Change in the Contemporary Socialist World by : Ngoc Son Bui
Download or read book Constitutional Change in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2020-07-24 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.
Book Synopsis The Politics of Constitutional Change in Industrial Nations by : Richard Simeond
Download or read book The Politics of Constitutional Change in Industrial Nations written by Richard Simeond and published by Springer. This book was released on 1985-06-24 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.
Book Synopsis Constitutional Change and Popular Sovereignty by : Maria Cahill
Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017-02-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Book Synopsis Constitutional Change and Democracy in Indonesia by : Donald L. Horowitz
Download or read book Constitutional Change and Democracy in Indonesia written by Donald L. Horowitz and published by Cambridge University Press. This book was released on 2013-03-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Book Synopsis Constitutional Change in Singapore by : Jaclyn Neo
Download or read book Constitutional Change in Singapore written by Jaclyn Neo and published by Routledge. This book was released on 2019-12-09 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once a ceremonial position modelled after the constitutional monarchy in the United Kingdom, the office of the President of Singapore was transformed from an appointed to an elected one in 1991. As the head of state, but not the head of government, the elected President was to have additional discretionary powers involving the spending of financial reserves, appointment of high-ranking public servants, and certain ministerial powers to detain without trial. In 2016, a constitutional commission was convened to consider further reforms to the office and the elections process. This book explores Singapore’s presidency, assessing how well it has functioned, discussing the rationales for an elected presidency, and evaluating the constitutional commission’s recommendations for reforms, including the need for minority representation in the office. In doing so, the book provides important reflections on how the constitutional reform process raises crucial questions about the rule of law and the practice of constitutionalism in Singapore.
