Post Sovereign Constitution Making

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Publisher : Oxford University Press
ISBN 13 : 0198755988
Total Pages : 321 pages
Book Rating : 4.1/5 (987 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 with total page 321 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.

Law and Legitimacy in the Supreme Court

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Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Law-Making and Legitimacy in International Humanitarian Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 180088396X
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Law-Making and Legitimacy in International Humanitarian Law by : Püschmann, Jonas

Download or read book Law-Making and Legitimacy in International Humanitarian Law written by Püschmann, Jonas and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.

Democratic Legitimacy

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Publisher : Routledge
ISBN 13 : 113431924X
Total Pages : 177 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis Democratic Legitimacy by : Fabienne Peter

Download or read book Democratic Legitimacy written by Fabienne Peter and published by Routledge. This book was released on 2009-01-13 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.

Legitimacy and Power Politics

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Publisher : Princeton University Press
ISBN 13 : 0691146705
Total Pages : 266 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Legitimacy and Power Politics by : Mlada Bukovansky

Download or read book Legitimacy and Power Politics written by Mlada Bukovansky and published by Princeton University Press. This book was released on 2010-01-10 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the causes and consequences of a major transformation in both domestic and international politics: the shift from dynastically legitimated monarchical sovereignty to popularly legitimated national sovereignty. It analyzes the impact of Enlightenment discourse on politics in eighteenth-century Europe and the United States, showing how that discourse facilitated new authority struggles in Old Regime Europe, shaped the American and French Revolutions, and influenced the relationships between the revolutionary regimes and the international system. The interaction between traditional and democratic ideas of legitimacy transformed the international system by the early nineteenth century, when people began to take for granted the desirability of equality, individual rights, and restraint of power. Using an interpretive, historically sensitive approach to international relations, the author considers the complex interplay between elite discourses about political legitimacy and strategic power struggles within and among states. She shows how culture, power, and interests interacted to produce a crucial yet poorly understood case of international change. The book not only shows the limits of liberal and realist theories of international relations, but also demonstrates how aspects of these theories can be integrated with insights derived from a constructivist perspective that takes culture and legitimacy seriously. The author finds that cultural contests over the terms of political legitimacy constitute one of the central mechanisms by which the character of sovereignty is transformed in the international system--a conclusion as true today as it was in the eighteenth century.

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.

Legitimacy in an Age of Global Politics

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Publisher : Springer
ISBN 13 : 0230598390
Total Pages : 283 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Legitimacy in an Age of Global Politics by : A. Hurrelmann

Download or read book Legitimacy in an Age of Global Politics written by A. Hurrelmann and published by Springer. This book was released on 2007-10-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the lack of plausible alternatives to liberal democracy, the age of globalization has ushered in serious challenges to the democratic legitimacy of the nation state. The contributors in this collection explore the frontiers of normative and empirical legitimacy research, drawing upon a range of key conceptual and methodological issues.

International Intervention and the Problem of Legitimacy

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Publisher : Cornell University Press
ISBN 13 : 1501750275
Total Pages : 174 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis International Intervention and the Problem of Legitimacy by : Andrew Gilbert

Download or read book International Intervention and the Problem of Legitimacy written by Andrew Gilbert and published by Cornell University Press. This book was released on 2020-08-15 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Intervention and the Problem of Legitimacy Andrew C. Gilbert argues for an ethnographic analysis of international intervention as a series of encounters, focusing on the relations of difference and inequality, and the question of legitimacy that permeate such encounters. He discusses the transformations that happen in everyday engagements between intervention agents and their target populations, and also identifies key instabilities that emerge out of such engagements. Gilbert highlights the struggles, entanglements and inter-dependencies between and among foreign agents, and the people of Bosnia-Herzegovina that channel and shape intervention and how it unfolds. Drawing upon nearly two years of fieldwork studying in postwar Bosnia and Herzegovina, Gilbert's probing analysis identifies previously overlooked sites, processes, and effects of international intervention, and suggests new comparative opportunities for the study of transnational action that seeks to save and secure human lives and improve the human condition. Above all, International Intervention and the Problem of Legitimacy foregrounds and analyzes the open-ended, innovative, and unpredictable nature of international intervention that is usually omitted from the ordered representations of the technocratic vision and the confident assertions of many critiques.

The Law and Legitimacy of Imposed Constitutions

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Publisher : Routledge
ISBN 13 : 1351038966
Total Pages : 302 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis The Law and Legitimacy of Imposed Constitutions by : Richard Albert

Download or read book The Law and Legitimacy of Imposed Constitutions written by Richard Albert and published by Routledge. This book was released on 2018-11-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Managing Corporate Legitimacy

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Publisher : Routledge
ISBN 13 : 1351277189
Total Pages : 244 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Managing Corporate Legitimacy by : Dorothée Baumann-Pauly

Download or read book Managing Corporate Legitimacy written by Dorothée Baumann-Pauly and published by Routledge. This book was released on 2017-09-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The failure of many governments to provide basic rights for their citizens has given rise to the expectation that globally operating corporations should step in and fill governance gaps, for example in the area of human rights. Today, many large multinational corporations claim to conduct business in a socially responsible manner, yet no tools exist to assess whether and to what degree they have indeed systematically revised their business practices to take on these new responsibilities. Managing Corporate Legitimacy addresses these research gaps by clarifying the role of the corporation as a private actor in global governance at conceptual and empirical levels; by contributing to our theoretical understanding of CC as a new phenomenon in globalization; and by furthering the development of appropriate approaches to CC in practice through its toolkit. The tool structures the implementation process in five learning stages (defensive, compliance, managerial, strategic and civil). The final civil stage describes political corporate behaviour. The author includes an empirical assessment of five Swiss multinationals in this book which reveals that most companies – even those with relatively long-standing and mature policies on social and environmental issues – have only just started to learn how to become corporate citizens. The book therefore concludes with a discussion of an issue-specific extension of the assessment tool and presents methods for setting priorities in the approach to corporate citizenship that may also facilitate corporate engagement with stakeholders. The tools developed in this book provide practical and detailed guidance for implementing and embedding CC and managing corporate legitimacy. It will be essential reading for practitioners looking for ways to legitimize their engagement with societal issues and for academics considering how we can better measure the engagement of business with CC.

Legitimation as Political Practice

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Publisher : Cambridge University Press
ISBN 13 : 1316516512
Total Pages : 283 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Legitimation as Political Practice by : Kathy Dodworth

Download or read book Legitimation as Political Practice written by Kathy Dodworth and published by Cambridge University Press. This book was released on 2022-05-19 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical, interdisciplinary reworking of legitimation, using ethnographic insights to explore everyday non-state authority in Tanzania.

Tocqueville's Nightmare

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Publisher : Oxford University Press, USA
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.

Indies Unlimited: Authors' Snarkopaedia

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Publisher : Createspace Independent Pub
ISBN 13 : 9781480213425
Total Pages : 136 pages
Book Rating : 4.2/5 (134 download)

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Book Synopsis Indies Unlimited: Authors' Snarkopaedia by : K. S. Brooks

Download or read book Indies Unlimited: Authors' Snarkopaedia written by K. S. Brooks and published by Createspace Independent Pub. This book was released on 2013-01-17 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Volume One of the Authors' Snarkopaedia, sentences have been painstakingly crafted together using nouns, verbs and other words, bringing you paragraphs of text. These paragraphs flow into pages of expert tips, advice and insight for authors at all levels of the publication food chain. Any book can claim to offer this type of information, but they can't give you what sets the Indies Unlimited Authors' Snarkopaedia above the rest: the "je ne sais squat" of the high decorated staff of the Snarkology Department at the Indies Unlimited Online Academy. Their groundbreaking and empirical research over the years sheds new and snarkified light on subjects ranging from book publishing and marketing to the nuts and bolts of writing and technology. If you like information to grab you by the throat and smack you in the face, the Indies Unlimited Authors' Snarkopaedia is the reference book for you.

Complex Political Decision-Making

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Publisher : Routledge
ISBN 13 : 1315453517
Total Pages : 239 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Complex Political Decision-Making by : Peter Bursens

Download or read book Complex Political Decision-Making written by Peter Bursens and published by Routledge. This book was released on 2016-11-18 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political and societal elites are increasingly confronted with complex environments in which they need to take collective decisions. Decision-makers are faced with policy issues situated at different intertwined levels which need to be negotiated with different actors. The negotiation and decision-making processes raise issues of legitimacy, leadership and communication. Modern societal systems are not only affected by horizontal specialization and diversity but also by a vertical expansion of governance layers. The national level is no longer the sole, or even the most important, level of governance. In these complex environments, cognitive abilities and personalities of political and societal elites have gained importance. This book addresses the impact of an increasingly complex environment on the legitimacy and transparency of polities, on the role of leadership and political personality and on motivated images, rhetoric and communication. Examining how these issues interact at the macro and theoretical level, the types of problems decision-makers face and how they communicate ideas with their audiences, it brings together leading experts in political psychology, law and political science to bridge the gap in the way these disciplines explore the issue of complex decision-making.

Legitimacy in Global Governance

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Publisher : Oxford University Press
ISBN 13 : 019256160X
Total Pages : 349 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Legitimacy in Global Governance by : Jonas Tallberg

Download or read book Legitimacy in Global Governance written by Jonas Tallberg and published by Oxford University Press. This book was released on 2018-09-19 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy's importance for global governance, its workings remain poorly understood. That is the core concern of this volume: to develop an agenda for systematic and comparative research on legitimacy in global governance. In complementary fashion, the chapters address different aspects of the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy? The volume makes four specific contributions. First, it argues for a sociological approach to legitimacy, centered on perceptions of legitimate global governance among affected audiences. Second, it moves beyond the traditional focus on states as the principal audience for legitimacy in global governance and considers a full spectrum of actors from governments to citizens. Third, it advocates a comparative approach to the study of legitimacy in global governance, and suggests strategies for comparison across institutions, issue areas, countries, societal groups, and time. Fourth, the volume offers the most comprehensive treatment so far of the sociological legitimacy of global governance, covering three broad analytical themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

Legitimacy, Justice and Public International Law

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Publisher : Cambridge University Press
ISBN 13 : 0521199492
Total Pages : 333 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Legitimacy, Justice and Public International Law by : Lukas H. Meyer

Download or read book Legitimacy, Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.

Sense-making of Legitimacy During Institutional Radical Change

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (127 download)

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Book Synopsis Sense-making of Legitimacy During Institutional Radical Change by : Linda Du Plessis

Download or read book Sense-making of Legitimacy During Institutional Radical Change written by Linda Du Plessis and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: