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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
How To Steal A Country describes the vertiginous decline in political leadership in South Africa from Mandela to Zuma and its terrible consequences. Robin Renwick’s account reads in parts like a novel – a crime novel – for Sherlock Holmes old adversary, Professor Moriarty, the erstwhile Napoleon of Crime, would have been impressed by the ingenuity, audacity and sheer scale of the looting of the public purse, let alone the impunity with which it has been accomplished. Based on Renwick’s personal experiences of the main protagonists, it describes the extraordinary influence achieved by the Gupta family for those seeking to do business with state-owned enterprises in South Africa, and the massive amounts earned by Gupta related companies from their associations with them. The ensuing scandals have engulfed Bell Pottinger, KPMG, McKinsey and other multinationals. The primary responsibility for this looting of the state however, rests squarely with President Zuma and key members of his government. But South Africa has succeeded in establishing a genuinely non-racial society full of determined and enterprising people, offering genuine hope for the future. These include independent journalists, black and white, who refuse to be silenced, and the judges, who have acted with courage and independence. The book concludes that change will come, either by the ruling party reverting to the values of Mandela and Archbishop Tutu, or by the reckoning it otherwise will face one day.
Investigative journalist Jacques Pauw exposes the darkest secret at the heart of Jacob Zuma’s compromised government: a cancerous cabal that eliminates the president’s enemies and purges the law-enforcement agencies of good men and women. As Zuma fights for his political life following the 2017 Gupta emails leak, this cabal – the president’s keepers – ensures that after years of ruinous rule, he remains in power and out of prison. But is Zuma the puppet master, or their puppet? Journey with Pauw as he explores the shadow mafia state. From KwaZulu-Natal and the Western Cape to the corridors of power in Pretoria and Johannesburg – and even to clandestine meetings in Russia. It’s a trail of lies and spies, cronies, cash and kingmakers as Pauw prises open the web of deceit that surrounds the fourth president of the democratic era. ‘An amazing piece of work, stuffed with anecdote and evidence. It will light fires all through the state and the ANC.’ - Peter Bruce ‘This is dynamite. Dynamite that will shake the foundations of the halls of power.’ - Max du Preez
Are the courts against the people of South Africa? Since populist factions claim to be the people, judges confronting them do not just decide against the people; they are against the people. The judiciary faces a barrage of attacks not just from the ruling ANC but from other political parties clamouring for power. There comes a predictable phase in the cycle of politics where this is most likely to occur. Why does it benefit political parties to deflect from their failure to deliver with calls for parliamentary sovereignty? Why do so many myths circulate about the nature of our courts and constitution? Dan Mafora answers these questions and more in an inspired analysis. He takes us through the historical ideological clashes within the ANC that make judicial independence up for debate, how administrations since '94 have responded to judicial decisions and why this phenomenon is important to watch globally. He also examines how disinformation campaigns play a big role.
A provocative, original and compelling history of catastrophes and their consequences. Disasters are by their very nature hard to predict. Pandemics, like earthquakes, wildfires, financial crises and wars, are not normally distributed; there is no cycle of history to help us anticipate the next catastrophe. But when disaster strikes, we ought to be better prepared than the Romans were when Vesuvius erupted or medieval Italians when the Black Death struck. We have science on our side, after all. Yet the responses of a number of devloped countries to a new pathogen from China were badly bungled. Why? The facile answer is to blame poor leadership. While populist rulers have certainly performed poorly in the face of the pandemic, more profund problems have been exposed by COVID-19. Only when we understand the central challenge posed by disaster in history can we see that this was also a failure of an administrative state and of economic elites that had grown myopic over much longer than just a few years. Why were so many Cassandras for so long ignored? Why did only some countries learn the right lessons from SARS and MERS? Why do appeals to 'the science' often turn out to be mere magical thinking? Drawing from multiple disciplines, including history, economics and network science, Doom: The Politics Of Catastrophe is a global post mortem for a plague year. Drawing on preoccupations that have shaped his books for some twenty years, Niall Ferguson describes the pathologies that have done us so much damage: from imperial hubris to bureaucratic sclerosis and online schism. COVID-19 was a test failed by countries who must learn some serious lessons from history if they are to avoid the doom of irreversible decline.
The study of institutions, a core concept in comparative politics, has produced many rich and influential theories on the economic and political effects of institutions, yet it has been less successful at theorizing their origins. In Fixing Democracy, Javier Corrales develops a theory of institutional origins that concentrates on constitutions and levels of power within them. He reviews numerous Latin American constituent assemblies and constitutional amendments to explore why some democracies expand rather than restrict presidential powers and why this heightened presidentialism discourages democracy. His signal theoretical contribution is his elaboration on power asymmetries. Corrales determines that conditions of reduced power asymmetry make constituent assemblies more likely to curtail presidential powers, while weaker opposition and heightened power asymmetry is an indicator that presidential powers will expand. The bargain-based theory that he uses focuses on power distribution and provides a more accurate variable in predicting actual constitutional outcomes than other approaches based on functionalism or ideology. While the empirical focus is Latin America, Fixing Democracy contributes a broadly applicable theory to the scholarship both institutions and democracy.
Contemporary scholarly and popular debate over the legacy of racial integration in the United States rests between two positions that are typically seen as irreconcilable. On one side are those who argue that we must pursue racial integration because it is an essential component of racial justice. On the other are those who question the ideal of integration and suggest that its pursuit may damage the very population it was originally intended to liberate. In An Impossible Dream? Sharon A. Stanley shows that much of this apparent disagreement stems from different understandings of the very meaning of integration. In response, she offers a new model of racial integration in the United States that takes seriously the concerns of longstanding skeptics, including black power activists and black nationalists. Stanley reformulates integration to de-emphasize spatial mixing for its own sake and calls instead for an internal, psychic transformation on the part of white Americans and a radical redistribution of power. The goal of her vision is not simply to mix black and white bodies in the same spaces and institutions, but to dismantle white supremacy and create a genuine multiracial democracy. At the same time, however, she argues that achieving this model of integration in the contemporary United States would be extraordinarily challenging, due to the poisonous legacy of Jim Crow and the hidden, self-reinforcing nature of white privilege today. Pursuing integration against a background of persistent racial injustice might well exacerbate black suffering without any guarantee of achieving racial justice or a worthwhile form of integration. Given this challenge, pessimism toward integration is a defensible position. But while the future of integration remains uncertain, its pursuit can neither be prescribed as a moral obligation nor rejected as intrinsically indefensible. In An Impossible Dream? Stanley dissects this vexing moral and political quandary.
Formally, Kansas still operates under a constitution dating from
1959. However, its present day basic law differs importantly from
the original text. In The Kansas State Constitution, Francis H.
Heller offers an unprecedented explanation of Kansas's experience
with "incremental revision."
The Arkansas State Constitution provides an outstanding historical
account of Arkansas's five different constitutions, conventions,
and amendments. Kay C. Goss presents the official text with an
accompanying article-by-article commentary, providing readers with
important information about the origins of each constitutional
provision and amendment, as well as ways in which they are
interpreted. The Arkansas State Constitution is an essential
reference guide for readers who seek a rich account of Arkansas's
constitutional evolution. Previously published by Greenwood, this
title has been brought back in to circulation by Oxford University
Press with new verve. Re-printed with standardization of content
organization in order to facilitate research across the series,
this title, as with all titles in the series, is set to join the
dynamic revision cycle of The Oxford Commentaries onthe State
Constitutions of the United States.
In The Idaho State Constitution, Donald W. Crowley and Florence A.
Heffron provide a history of Idaho's constitution and a concise
article-by-article analysis of the entire text. The authors recount
the development of the constitution over the last century and
explain how it has been shaped by concerns of powerful economic,
social, and political forces. Since its drafting in 1889, the 109
amendments have democratized the political systems and given people
the right to participate more actively in the state's governance.
The Idaho State Constitution reflects the renewed interest in state
constitutions as a means of guiding important policy concerns and
provides an essential reference guide for readers who seek a rich
account of Idaho's constitutional evolution. Previously published
by Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Since Illinois became a state in 1818, it has been a microcosm of
the country at every stage of its development, from its status as a
"free" state in antebellum America to a state rich in agriculture
and industry whose goods and services now travel the world.
Illinois' four state constitutions have reflected its changing
values. Illinois is currently one of the few states that have
adopted a new constitution since World War II. This 1970
constitution has become a model for countries in Central and
Eastern Europe seeking examples of modern American constitutions.
The Oxford Commentaries on the State Constitutions of the United
States is an important series that reflects a renewed international
interest in constitutional history and provides expert insight into
each of the 50 state constitutions. Each volume in this innovative
series contains a historical overview of the state's constitutional
development, a section-by-section analysis of its current
constitution, and a comprehensive guide to further research.
Voices of Conscience analyzes how the link between politics and conscience was articulated and shaped throughout the seventeenth century by confessors who acted as counsellors to monarchs. Against the backdrop of the momentous intellectual, theological, and political shifts that marked this period, the study examines comparatively how the ethical challenges of political action were confronted in Spain and France and how questions of conscience became a major argument in the hegemonic struggle between the two competing Catholic powers. As Nicole Reinhardt demonstrates, 'counsel of conscience' was not a peripheral feature of early-modern political culture, but fundamental for the definition of politics and conscience. Tracing the rise and fall of confessors as counsellors reveals the parallel transformation of both, approaching a historical understanding of the modernisation of politics with the idea of an 'individual conscience' at its heart. Placed at the junction of norms and practices, royal confessors, directly or in oblique reflection, shaped the ways in which the royal conscience was identified and scrutinized. By the same token, the royal confessors' expertise and activities remained a source of anxiety and conflict that triggered wide debate on the relationship between State and Church, religion and politics. The notion of 'counsel of conscience', of which this book provides the first in-depth analysis, allows the reader to re-examine and challenge fundamental historical paradigms such as the emergence of 'absolutism', individualisation, and the division of public and private. Putting theological concepts and religious dimensions back into political theory and practice sheds new light, not only on the importance of counselling for early modern statecraft, but also on the reconfiguration of the normative frameworks underlying it.
The Virginia State Constitution examines constitutional amendments, court decisions, attorney general opinions, and legislative deliberations bearing on the development and interpretation of the Virginia Constitution. The book contains a detailed history of the Virginia Constitution, with particular attention to key moments in the state's constitutional development, from the 1776 Constitution through the current 1971 Constitution. The book also includes a provision-by-provision commentary on the evolution and meaning of each section of the Virginia Constitution. The second edition brings this material up to date through mid-2013 and analyzes a number of constitutional developments with important implications for governance. Among the recent amendments covered in this volume is an amendment barring recognition of same-sex marriages and civil unions, and an amendment that undertook a major revision of the provision limiting the eminent domain power. The book examines several recent state court decisions of note, including the state supreme court's first interpretation of the provision guaranteeing "the right of the people to keep and bear arms" and various court decisions limiting the power to levy taxes. The book also analyzes recent attorney general opinions with significant implications for legislative appropriations to non-profit groups, along with various other legislative initiatives. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Montana's state constitution was created during the early 1970s.
Progressive, innovative and pragmatic, it combines a strong concern
for individual rights, personal liberty, and individual dignity
while seeking to keep government open and responsive to the will of
the people of Montana. It also stresses rights to a clean and
healthful environment.
The North Dakota State Constitution provides one of the most
comprehensive studies of the North Dakota Constitution and the
legal decisions which have helped to create and shape it.
In The Ohio State Constitution, Steven Steinglass and Gino
Scarselli provide a comprehensive and accessible resource on the
history of constitutional development and law in Ohio. This
essential volume begins with an introductory essay outlining the
history of the Ohio State Constitution and includes a detailed
section-by-section commentary, providing insight and analysis on
the case law, politics and cultural changes that have shaped Ohio's
governing document. A complete list of all proposed amendments to
the Constitution from 1851 to the present and relevant cases are
included in easy-to-reference tables along with a bibliographical
essay that aids further research. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
Rhode Island has a long history of constitutional governance.
Beginning in 1636, Rhode Island's constitution has been shaped by
revolution, nation-building, tumult, and further changes wrought by
everything from neo-liberalism to gay rights. The result has been a
living document reflecting conflicting and changing values, making
the Rhode Island constitution an essential resource for
understanding the cultural history of this state.
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.
The Maryland State Constitution is the only comprehensive analysis
of Maryland's constitution. Dan Friedman provides an outstanding
historical account of the state's governing charter along with an
in-depth, section-by-section analysis of the entire constitution,
detailing the many signifigant changes that have been made since
its initial drafting in 1867. In-depth commentary on the
constitutional interpretation offers tremendous political and
economic insight into each of the constitution's provisions.
Previously published by Greenwood, this title has been brought back
in to circulation by Oxford University Press with new verve.
Re-printed with standardization of content organization in order to
facilitate research across the series, this title, as with all
titles in the series, is set to join the dynamic revision cycle of
The Oxford Commentaries on the State Constitutions of theUnited
States.
In The Massachusetts State Constitution, Lawrence Friedman and
Lynnea Thody present a comprehensive and accessible survey of
Massachusetts constitutional history and constitutional law. The
Massachusetts Constitution is the oldest state constitution and has
remained essentially unchanged since it was drafted in 1780. It
served as a model for the United States Constitution and many of
the state constitutions that followed.
In this newly revised work, Michael Bowers presents an historical
overview of constitutional development in the state of Nevada. The
Nevada State Constitution provides a comprehensive
section-by-section analysis of the state constitution. In addition,
a thorough bibliographic essay notes the seminal works relating to
the constitution, and a list of cases enumerates the landmark
federal and state court decisions interpreting the state's
constitution and the more than one hundred amendments to it. This
one-of-a-kind treatment of the Nevada Constitution is essential
reading for those interested in the historical development and
contemporary meaning of the Sagebrush State's oldest and most
foundational legal document.
How is it that contemporary presidents talk so much and yet say so little, as H. L. Mencken once descibed, like dogs barking idiotically through endless nights? In The Anti-Intellectual Presidency, Elvin Lim tackles this puzzle and argues forcefully that it is because we have been too preoccupied in our search for a Great Communicator, and have failed to take presidents to task for what they communicate to us. Ronald Reagan and Bill Clinton, he argues, spoke in a qualitatively different style than Theodore and Franklin Roosevelt. Reagan and Clinton merely connected with us; the two Roosevelts educated us. To alert us to the gradual rot of presidential rhetoric, Lim examines two centuries of presidential speeches to demonstrate the relentless and ever-increasing simplificaton of presidential rhetoric. If these trends persist, Lim projects that the State of the Union addresses in the next century could actually read at the fifth-grade level. Lim argues that the ever-increasing tendency for presidents to crowd out argument in presidential rhetoric with applause-rendering platitudes and partisan punch-lines was concertedly implemented by the modern White House. Through a series of interviews with former presidential speechwriters, he shows that the anti-intellectual stance was a deliberate choice rather than a reflection of presidents' intellectual limitations. Only the smart, he suggests, know how to dumb down. Because anti-intellectual rhetoric impedes, rather than facilitates communication and deliberation, Lim warns that we must do something to recondition a political culture so easily seduced by smooth-operating anti-intellectual presidents. Sharplywritten and incisively argued, The Anti-Intellectual Presidency sheds new light on the murky depths of presidential utterances and its consequences for American democracy.
Americans love to hate their government, and a long tradition of
anti-government suspicion reaches back to debates among the
founders of the nation. But the election of Barack Obama has
created a backlash rivaled only by the anti-government hysteria
that preceded the Civil War.
Menachem Mautner offers a compelling account of Israeli law as a site for the struggle over the shaping of Israeli culture. On the one hand, a secular, liberal group wishes to associate Israel with Western culture and to link Israeli law to Anglo-American liberalism. On the other hand, a religious group wishes to associate Israeli culture with traditional Jewish culture, and to found Israeli law on traditional Jewish law. The struggle between secular and religious Jews has been part of the life of the Jewish people in the past 300 years. It resurged in the 1970s with the rise of religious fundamentalism and the decline of the political and cultural hegemony of the Labor movement. The secular group reacted by shifting much of its political action to the Supreme Court which since the establishment of the state has been the state organ most identified with entrenching liberal values in the country's political culture. In a short span of time in the early 1980s the Court effected extensive changes in its jurisprudence, most strikingly adoption of sweeping judicial activism which is widely regarded as the most far-reaching in the world. The Court's activism provided the secular group with the means for intervening in decisions of the state branches over which the group had lost control. With Arabs being a fifth of the country's population, an additional divide in Israel is that between Jews and Arabs. Drawing on notions of multiculturalism, political liberalism and republicanism, Law and the Culture of Israel offers fresh insights as to how to manage Israel's divisive situation. |
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