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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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
The results of the 29 May 2024 elections caused a seismic shift in
South Africa’s political landscape. For the first time in three decades
of democracy, the ruling ANC did not emerge with a majority.
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.
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.
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.
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.
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.
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.
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.
The Hong Kong Basic Law is the constitutional document which sets out the general policies and system of government for Hong Kong under the "one country, two systems" formula. It promises Hong Kong a high degree of autonomy, seeks to preserve a separate common law system with an independent judiciary, and guarantees a long list of rights and freedoms. The only introductory text on this topic, Introduction to the Hong Kong Basic Law provides a highly readable starting point to understanding the important issues shaping Hong Kong's future. This book traces the origins of the Hong Kong Basic Law and analyzes its content, especially in relation to Hong Kong's political system, the judiciary, and human rights. It is required reading for students on a wide range of courses in law, politics, and other disciplines, from sub-degree through to undergraduate and postgraduate level as well as professional examinations. The book also appeals to a wider audience, enabling general interest readers with no prior knowledge of the subject to easily understand how Hong Kong is being run under Chinese sovereignty. The second edition has been updated thoroughly to discuss important new developments, including the implications of the mass street protests known as the Umbrella Movement, and adds a new concluding chapter on the future of "one country, two systems".
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.
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive conception of the rule of law and the widespread support for its powerful Constitutional Court are typically explained in one of two ways: as a story of change in reaction to National Socialism, or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinate understanding of legal authority such as prevails in the United States, and secondly, the turn towards a transformative understanding of constitutionalism, as it is today most often associated with countries such as South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German constitutionalism has harmonized the frequently conflicting demands of these two legal paradigms, resulting in a distinctive type of constitutional reasoning, at once open, pragmatic, formalist, and technical, which this book labels Value Formalism. Value Formalism, however, also comes with serious drawbacks, such as a lack of institutional self-reflection in the Court's jurisprudence and a closure of constitutional discourse to laymen, whom it excludes from the realm of legitimate interpreters.
What institutional arrangements should a well-functioning
constitutional democracy have?
Liberal democracy is often defended because it secures freedom, order, and prosperity. Without slighting these solid achievements, Liberal Virtues responds to those who worry that the theory and practice of free self-government neglect the importance of community and citizen virtues. Professor Macedo offers a critical interpretation and original defence of the great tradition of individual freedom associated with John Locke and the founders of the American republic. At the moral core of the theory and practice of the rule of law and liberal constitutionalism lies a commitment to public reasonableness: politics is an exercise in reason-giving and not the assertion of raw power. The author defends a theory of public justification, and explains how the legal and political institutions of liberal democracy embody a collective commitment to reasonableness. He concludes by considering the types of personality and society associated with life in a pluralistic, open, and tolerant liberal society.
Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executive power because it varies so dramatically from the vision of the framers of the Constitution. But Posner and Vermeule find fault with James Madison's premises. Like an ideal market, they write, Madison's separation of powers has no central director, but it lacks the price system which gives an economy its structure; there is nothing in checks and balances that intrinsically generates order or promotes positive arrangements. In fact, the greater complexity of the modern world produces a concentration of power, particularly in the White House. The authors chart the rise of executive authority, noting that among strong presidents only Nixon has come in for severe criticism, leading to legislation which was designed to limit the presidency, yet which failed to do so. Political, cultural and social restraints, they argue, have been more effective in preventing dictatorship than any law. The executive-centered state tends to generate political checks that substitute for the legal checks of the Madisonian constitution. Piety toward the founders and a historic fear of tyranny have been powerful forces in American political thinking. Posner and Vermeule confront them both in this startlingly original contribution.
The Texas State Constitution provides an outstanding constitutional
and historical account of the state's governing charter. In
addition to an overview of Texas' constitutional history, this
volume provides an in-depth, section-by-section analysis of the
entire constitution, detailing the many significant changes that
have been made since its initial drafting. This treatment, along
with a table of cases, index, and bibliography provides an
unsurpassed reference guide for students, scholars, and
practitioners of Texas' constitution. 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
Commentarieson the State Constitutions of the United States.
The New Jersey State Constitution is a completely revised new
edition that provide an outstanding constitutional and historical
account of the state's governing charter. In addition to an
overview of New Jersey's constitutional history, it provides an
in-depth, section-by-section analysis of the entire constitution,
detailing the many significant changes that have been made since
its initial drafting. This treatment, along with a table of cases,
index, and bibliography provides an unsurpassed reference guide for
students, scholars, and practitioners of New Jersey's constitution.
In The Arizona State Constitution, John D. Leshy provides a
comprehensive history of Arizona's constitutional development.
Adopted at the height of the progressive movement, the Constitution
contains many progressive innovations. Leshy describes these along
with the dramatic changes the state has undergone in subsequent
decades. He also includes a section-by-section commentary which
crisply discusses the evolution and interpretation of each section,
including significant court decisions. Thoroughly updated to
reflect amendments and court cases through the fall of 2012, the
second edition of The Arizona State Constitution is an essential
reference guide for readers who seek a rich account of Arizona's
constitutional evolution.
The Washington State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Washington's constitutional
history that focuses on the document's 19th century populist roots,
it provides an in-depth, section-by-section analysis of the entire
constitution, detailing the many significant changes made since its
initial drafting. This treatment, along with a table of cases,
index, and bibliography, provides an unsurpassed reference guide
for lawyers, judges, scholars, and members of the general public.
The complexity of the American economy and polity has grown at an
explosive rate in our era of globalization. Yet as the 2008
financial crisis revealed, the evolution of the American state has
not proceeded apace. The crisis exposed the system's manifold
political and economic dysfunctionalities. |
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