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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
The political and economic crisis of EU integration has made it increasingly apparent how challenging it is to bring together different sovereign cultures, languages and regions into a single political system. Switzerland - being one of the three classic federations in the world - can provide insights, particularly in relation to the accommodation of cultural, linguistic, religious and regional diversity, which can help tackle contemporary challenges. This book describes and analyses the characteristics, institutions, and processes of Swiss federalism, along with its combination of stability and change. It presents a comprehensive study of the federal system of Switzerland, where it comes from, how it operates, and the way it has changed of late. This will allow readers to appreciate the specific and current answers the Swiss case offers to the main questions raised by wider federal research. This text will be of key interest to scholars and students in federalism and territorial politics, political institutions, local and regional government studies, multi-level governance and more broadly to European and comparative politics.
America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.
When well-designed institutions function properly, people thrive. Few institutions have been more ingeniously designed than the U.S. federal government via the Constitution in 1787. This auspicious beginning more than two centuries ago helps explain why the U.S. remains a magnet for opportunity seekers, students, entrepreneurs, dissidents, and persecuted believers. Yet for decades now, America's federal government has been underperforming. Social Security and Medicare face looming insolvency. The federal government's "war on poverty" has failed to "end poverty" and arguably made it worse. In 2012, the United States Postal Service lost more money than the nation spent on the State Department, and Amtrak has lost money every year since being created in 1971. How can an enduring institution, so thoughtfully crafted, now produce such poor results? The federal government has grown so much because it serves a new and different vision, American Progressivism. American Progressives believed that democratically elected, public-minded federal politicians and employees could use federal programs to solve the nation's greatest problems in a way no other American institution could. This idea justified the federal government's massive expansion: today, the federal government runs over 1,500 programs and employs over 5% of the U.S. workforce. Yet federal results do not match Progressive expectations. Three key problems - "windfall politics", "the government surcharge", and "complexity failure" - overlooked by American Progressives explain the federal government's consistent failures. American Progressive's rosy-eyed view of human nature and political institutions have not been borne out by the evidence. In an era of substantial political fermentation and debate, rediscovering and re-applying American Republicanism represents the best path forward for the United States. The federal government should retain many necessary responsibilities but turn over those where it has failed - for social welfare, federally provided services, and retirement savings among others - to the country's state governments, civil society, and individual citizens respectively.
Since the end of the Cold War, and particularly in the post-9/11 international environment, neutrality has been conceptualised as a problematic subject. With the end of bipolarity, neutrality as a foreign and security policy lost much of its justification, and in the ongoing 'War on Terror', no state, according to the Bush Administration, can be neutral. However, much of this debate has gone unnoticed in IR literature. This book, newly available in paperback, examines the conceptualisation of neutrality from the Peloponnesian War to the present day, uncovering how neutrality has been a neglected and misunderstood subject in IR theory and politics. By rethinking neutrality through constructivism, this book argues that neutrality is intrinsically linked to identity. Using Sweden as a case study, it links identity, sovereignty, internationalism and solidarity to the debates about Swedish neutrality today and how neutrality has been central to Swedish identity and its world-view. Rather than viewing Swedish neutrality as the policy of isolationism or small and weak states, this book argues that Swedish neutrality is an embedded part of Swedish identity, and its domestic sources stem from the ideology and vision of Social Democracy. Far from isolationist, Sweden practiced an active form of neutrality, acting as the 'moral voice' of the global community. Identities are malleable, however, and this book examines the shifts in Swedish identity and neutrality. European integration, globalisation, new threats to security, and the arguments about decline of the state and sovereignty have impacted on neutrality. Whilst many are quick to herald its demise, this book argues that the norms and values of active neutrality can be reworked to contribute to a more cosmopolitan international order.
This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.
There is a general consensus in the scholarly literature that the post-colonial state in Africa has failed. Some states (Liberia, Rwanda, Sierra Leone, Somalia) have collapsed. Various arguments have been proffered to explain this dynamics of African state failure and collapse. However, the literature on state reconstitution is inchoate and minimal. This edited volume focuses on prescriptions for reconstituting the post-colonial state in Africa. Essays on nine African states (Burundi, the Democratic Republic of the Congo, Ethiopia, Kenya, Nigeria, Sierra Leone, Somalia, South Africa, and Uganda) are preceded by an introduction to the political economy of the African state.
In January of 1999, the arrest of Wen Ho Lee, the Los Alamos scientist who was falsely accused under a cloud of suspicion of espionage by the U.S. government and imprisoned without trial, sparked controversy throughout the country. It triggered concern for national security, debate about racial profiling and media distortion, and outrage over a return to McCarthy-era paranoia. Throughout the ordeal, Wen Ho Lee quietly and steadfastly maintained his innocence. Now he tells his story. This compelling narrative takes readers inside Los Alamos, revealing how violations of national security were ubiquitous throughout the weapons lab. Dr. Lee describes how the FBI infiltrated his private life -- spying on him for nearly two decades. He relates his own anti-Communist stance, the results of tragic events from his past, and explains how he even assisted the FBI, protecting nuclear secrets. He details his brutal treatment in jail, and how such treatment, without factual justification, is protected under U.S. law. Finally Dr. Lee explains why he downloaded codes, demonstrating once and for all that he was innocent of every charge leveled against him except for one simple procedure common throughout the lab. A riveting story about prejudice, fear, suspicion -- and courage -- My Country Versus Me offers at last a clear and truthful account of one of the great miscarriages of justice of our time.
Meticulously detailed coverage of the life, politics, and legacy of one of our nation's most influential presidents Drawing on the latest in Lincoln scholarship, The Political Lincoln: An Encyclopedia-published to coincide with the bicentennial of Lincoln's birth-uniquely addresses the political aspects of the sixteenth president's actions, influence, and legacy. Detailed entries present sophisticated yet accessible analysis of Lincoln's democratic ideas and policies about slavery and emancipation, the emergence of the Republican Party, how Lincoln viewed the Civil War and how the war affected him, the major and minor figures in his life, and much, much more.
Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism-of which America was a part along with Britain and France-reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism-from Europe, Latin America, and the Caribbean region, to Asia and Africa-beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
As corporate practices are becoming more fused with state processes, the state itself is increasingly taking on a corporate structure, as well as a more overt oligarchic character. Evidence of this can be seen in the growing domination of political organizations and institutions by close-knit social groups (familial dynasties, closed associations, or personal networks) that seek exclusive control over economic resources. These new forms of state power that are emerging are not reducible to the past, and the nation-state, as the essays in this volume show, is giving way to a political-economic formation that has multiple state-like effects and is able to act in ways systemic with deterritorializing global processes. Exploring these processes in different concrete locations from North America to Russia, West Africa, and Australia, the authors show that current configurations of global, imperial, and state power cannot be understood without examining their relation to formations of oligarchic control. They bring us closer to an understanding of the ways in which the nation-state is being transformed by globalization.
The field of knowledge for development now occupies a top position on the agenda of all Asian governments as well as large development organizations. This book reflects this mega-trend of development towards KBEs (Knowledge Based Economies). For this 2nd edition all chapters have been thoroughly edited and data, tables and graphs have been updated to reflect the latest available statistics. Trends have been re-evaluated and adjusted to reflect recent developments in the fast-moving scene of knowledge governance and knowledge management.
In this illuminating examination of the Obama presidency, the contributors describe the policy directions followed, and the administration's level of success in achieving its objectives. Throughout the Obama administration, efforts were intended to alleviate the worst of the economic stress facing the nation, move the president closer to the center of the American political spectrum, and prepare for the upcoming reelection campaign, to be fought primarily on the same issues as the earlier one. The contributors present an analysis of the motivations and political thinking underlying the administration's action along with assessments of the policy consequences of the issue agenda favored and the public's reaction. The Obama Presidency is an in-depth account of one of the most intriguing and important presidencies at a time of economic crisis that goes a long way in explaining the policy decisions made and their political consequences, as well as the choices facing a nation in transition.
From cooperation to a new cold war: is this the future for today's two great powers?. U.S. policy toward China is at an inflection point. For more than a generation, since the 1970s, a near-consensus view in the United States supported engagement with China, with the aim of integrating China into the U.S.-led international order. By the latter part of the 2010s, that consensus had collapsed as a much more powerful and increasingly assertive China was seen as a strategic rival to theUnited States. How the two countries tackle issues affecting the most important bilateral relationship in the world will significantly shape overall international relations for years to come.In this timely book, leading scholars of U.S.-China relations and China's foreign policy address recent changes in American assessments of China's capabilities and intentions and consider potential risks to international security, the significance of a shifting international distribution of power, problems of misperception, and the risk of conflicts. China's military modernization, its advancing technology, and its Belt and Road Initiative, as well as regional concerns, such as the South China Sea disputes, relations with Japan, and tensions on the Korean Peninsula, receive special focus.
The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament (completed in each country's case in the 1980s) and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty. This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on
This book reveals how, for well over a millennium and across three continents - Asia, Africa, and Europe - non-Muslims who were vanquished by jihad wars became forced tributaries (called dhimmi in Arabic) in lieu of being slain. Under the dhimmi religious caste system, non-Muslims were subjected to legal and financial oppression, as well as social isolation. Extensive primary and secondary source materials, many translated here for the first time into English, are presented, making clear that jihad conquests were brutal, imperialist advances, which spurred waves of Muslims to expropriate a vast expanse of lands and subdue millions of indigenous peoples. Finally, the book examines how jihad war, as a permanent and uniquely Islamic institution, ultimately regulates the relations of Muslims with non-Muslims to this day. Scholars, educators, and interested lay readers will find this collection an invaluable resource.
Lyndon Johnson invaded the Dominican Republic. Richard Nixon sponsored a coup attempt in Chile. Ronald Reagan waged covert warfare in Nicaragua. Nearly a dozen times during the Cold War, American presidents turned their attention from standoffs with the Soviet Union to intervene in Latin American affairs. In each instance, it was declared that the security of the United States was at stake--but, as Michael Grow demonstrates, these actions had more to do with flexing presidential muscle than responding to imminent danger. From Eisenhower's toppling of Arbenz in Guatemala in 1954 to Bush's overthrow of Noriega in Panama in 1989, Grow casts a close eye on eight major cases of U.S. intervention in the Western Hemisphere, offering fresh interpretations of why they occurred and what they signified. The case studies also include the Bay of Pigs fiasco, Reagan's invasion of Grenada in 1983, and JFK's little-known 1963 intervention against the government of Cheddi Jagan in British Guiana. Grow argues that it was not threats to U.S. national security or endangered economic interests that were decisive in prompting presidents to launch these interventions. Rather, each intervention was part of a symbolic geopolitical chess match in which the White House sought to project an image of overpowering strength to audiences at home and abroad--in order to preserve both national and presidential credibility. As Grow also reveals, that impulse was routinely reinforced by local Latin American elites--such as Chilean businessmen or opposition Panamanian politicians-who actively promoted intervention in their own self-interest. LBJ's loud lament--"What can we do in Vietnam if we can't clean up the Dominican Republic?"--reflected just how preoccupied our presidents were with proving that the U.S. was no paper tiger and that they themselves were fearless and forceful leaders. Meticulously argued and provocative, Grow's bold reinterpretation of Cold War history shows that this special preoccupation with credibility was at the very core of our presidents' approach to foreign relations, especially those involving our Latin American neighbors.
This collection of essays aims to address the changing constitutional framework of the European Union, and some of the changing patterns of governance within this complex polity. The primary aim of the book is to examine the apparent and gradual shift in the paradigm of European governance from one emphasizing the importance of uniformity and harmonization to one which embraces a substantial degree of flexibility and differentiation. The chapters range from broad, theoretical reflection on the constitutional implications of differentiation and flexibility for the European polity, to more focused case studies which examine various forms of closer co-operation, variable geometry and flexibility existing in specific policy areas. Some of the contributions interrogate the extent to which there has actually been any significant change of paradigm, and others explore the many different meanings and instances of flexibility which have emerged. Overall, in presenting a variety of perspectives
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court's most controversial recent decisions - Hobby Lobby, Obamacare, gay marriage, and capital punishment - arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
From Nick Capodice & Hannah McCarthy, the hosts of New Hampshire Public Radio's Civics 101, and New Yorker cartoonist Tom Toro, A User's Guide to Democracy is a lively crash course in everything you should know about how the US government works. Do you know what the Secretary of Defense does all day? Are you sure you know the difference between the House and the Senate? Have you been pretending you know what Federalism is for the last 20 years? Don't worry--you're not alone. The American government and its processes can be dizzyingly complex and obscure. Until now. Within this book are the keys to knowing what you're talking about when you argue politics with the uncle you only see at Thanksgiving. It's the book that sits on your desk for quick reference when the nightly news boggles your mind. This approachable and informative guide gives you the lowdown on everything from the three branches of government, to what you can actually do to make your vote count, to how our founding documents affect our daily lives. Now is the time to finally understand who does what, how they do it, and the best way to get them to listen to you.
Through the essays in this volume, we see how the failure of the state becomes a moment to ruminate on the artificiality of this most modern construct, the failure of nationalism, an opportunity to dream of alternative modes of association, and the failure of sovereignty to consider the threats and possibilities of the realm of foreignness within t
The Reformer John Calvin has influenced America in a formative way. Calvin remains respected as a theologian to whose work intellectuals on both the right and left appeal. In the nineteen-nineties, Evangelicals and Catholics Together (ECT) formed a politically influential ecumenical coalition to oppose abortion and change the culture. Its ecumenism of the trenches influenced the administration of George W. Bush and continues to influence religious elements in the Tea Party. Evangelicals in the coalition presume to speak for Calvin. This book provides a counter argument. Calvin rejects the ethics advocated by ECT, an ethics of individual virtue, conscience and natural right. Instead, he affirms an ethics of obedience to the authority of secular government as an institution with a divinely ordained mandate. This work considers the following themes in Calvin: *Calvin on Faith. Modern and postmodern philosophical approaches, including Reformed epistemology, do not explain how Calvin understood faith. Faith is divine activity. Belief is human activity. Faith is not a belief system or worldview on which to base a political theology. The author provides four Augustinian theses about Calvin on faith *Calvin on Sanctification. Calvin rejected virtue ethics or an ethics of individual conscience. His ethics require self-denial and service. An important requirement of his ethics is obedience to government. The author provides three theses about Calvin on sanctification, as a critique of attempts to revive virtue ethics. *Calvin on Natural Law. Calvin's doctrine of natural law is one of the most vexed issues in Calvin studies. The author provides five theses to clarify Calvin's doctrine of natural law. For Calvin, secular government transcends the authority of conscience, and Christians in conscience are required to obey it. In conclusion, the author discusses Karl Barth's interpretation of Calvin and its relevance for the church struggle against the Third Reich. Based on his analysis of Calvin, he provides a defense of gay marriage and the right to terminate a pregnancy, as well as an analysis of religious freedom. Calvin would reject ECT's theology of virtue, conscience and natural law. But he would affirm its ecumenism as a possible path out of culture war.
This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State. |
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