Hybrid Constitutionalism

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Hybrid Constitutionalism

Author : Eric C. Ip
Publisher : Cambridge University Press
ISBN 13 : 1108168825
Total Pages : 301 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

Hybrid Constitutionalism

Author : Eric C. Ip
Publisher : Cambridge University Press
ISBN 13 : 110719492X
Total Pages : 301 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Hybrid Constitutions

Author : Vicki Hsueh
Publisher : Duke University Press
ISBN 13 : 0822391619
Total Pages : 206 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Hybrid Constitutions by : Vicki Hsueh

Download or read book Hybrid Constitutions written by Vicki Hsueh and published by Duke University Press. This book was released on 2010-01-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Constitutional Theocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 0674264452
Total Pages : 315 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Constitutional Theocracy by : Ran Hirschl

Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.

Constitutions in Authoritarian Regimes

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107047668
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg

Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Courting Constitutionalism

Author : Moeen Cheema
Publisher : Cambridge University Press
ISBN 13 : 1108831885
Total Pages : 289 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Courting Constitutionalism by : Moeen Cheema

Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.

The New Commonwealth Model of Constitutionalism

Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

The Cambridge Handbook of Deliberative Constitutionalism

Author : Ron Levy
Publisher : Cambridge University Press
ISBN 13 : 1108307795
Total Pages : 398 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis The Cambridge Handbook of Deliberative Constitutionalism by : Ron Levy

Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

New Constitutionalism and World Order

Author : Stephen Gill
Publisher : Cambridge University Press
ISBN 13 : 1107053692
Total Pages : 387 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis New Constitutionalism and World Order by : Stephen Gill

Download or read book New Constitutionalism and World Order written by Stephen Gill and published by Cambridge University Press. This book was released on 2014 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations

Authoritarian Constitutionalism

Author : Helena Alviar García
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117859
Total Pages : 399 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Authoritarian Constitutionalism by : Helena Alviar García

Download or read book Authoritarian Constitutionalism written by Helena Alviar García and published by Edward Elgar Publishing. This book was released on 2019 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.

Constitutionalism in Asia in the Early Twenty-First Century

Author : Albert H. Y. Chen
Publisher : Cambridge University Press
ISBN 13 : 1139916823
Total Pages : 453 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Constitutionalism in Asia in the Early Twenty-First Century by : Albert H. Y. Chen

Download or read book Constitutionalism in Asia in the Early Twenty-First Century written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2014-04-17 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike.

Global Environmental Constitutionalism

Author : James R. May
Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Environmental Constitutionalism by : James R. May

Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Order from Transfer

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1781952116
Total Pages : 383 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Order from Transfer by : Günter Frankenberg

Download or read book Order from Transfer written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Revolution and Constitutionalism in the Ottoman Empire and Iran

Author : Nader Sohrabi
Publisher : Cambridge University Press
ISBN 13 : 1139504053
Total Pages : 457 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Revolution and Constitutionalism in the Ottoman Empire and Iran by : Nader Sohrabi

Download or read book Revolution and Constitutionalism in the Ottoman Empire and Iran written by Nader Sohrabi and published by Cambridge University Press. This book was released on 2011-10-31 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book on constitutional revolutions in the Ottoman Empire and Iran in the early twentieth century, Nader Sohrabi considers the global diffusion of institutions and ideas, their regional and local reworking and the long-term consequences of adaptations. He delves into historic reasons for greater resilience of democratic institutions in Turkey as compared to Iran. Arguing that revolutions are time-bound phenomena whose forms follow global models in vogue at particular historical junctures, he challenges the ahistoric and purely local understanding of them. Furthermore, he argues that macro-structural preconditions alone cannot explain the occurrence of revolutions, but global waves, contingent events and the intervention of agency work together to bring them about in competition with other possible outcomes. To establish these points, the book draws on a wide array of archival and primary sources that afford a minute look at revolutions' unfolding.

Public Law in East Asia

Author : Tom Ginsburg
Publisher : Routledge
ISBN 13 : 1351552589
Total Pages : 624 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Public Law in East Asia by : Tom Ginsburg

Download or read book Public Law in East Asia written by Tom Ginsburg and published by Routledge. This book was released on 2017-07-05 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

Assessing Constitutional Performance

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1316712575
Total Pages : 447 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Assessing Constitutional Performance by : Tom Ginsburg

Download or read book Assessing Constitutional Performance written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2016-08-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

Constitutional Resilience in South Asia

Author : Swati Jhaveri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948872
Total Pages : 505 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Resilience in South Asia by : Swati Jhaveri

Download or read book Constitutional Resilience in South Asia written by Swati Jhaveri and published by Bloomsbury Publishing. This book was released on 2023-06-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.