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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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
Glenn Beck, the New York Times bestselling author of The Great Reset--issues a startling challenge to people on both sides of the aisle: America is addicted to outrage, we're at the height of a twenty-year bender, and we need an intervention. In the instant New York Times bestseller, Glenn Beck addresses how America has become more and more divided--both politically and socially. Americans are now less accepting, less forgiving, and have lost faith in many of the country's signature ideals. They are quick to point a judgmental finger at the opposing party, are unwilling to doubt their own ideologies, and refuse to have any self-awareness whatsoever. Beck states that this current downward spiral will ultimately lead to the destruction of everything America has fought so hard to preserve. This is not simply a Republican problem. This is not simply a Democratic problem. This is everyone's burden, and we need to think like recovering addicts and change. Mirroring traditional twelve-step programs, Beck outlines the actions that Americans must follow in order to prevent a farther decline down this current path of hostile bitterness. Drawing from his own life experiences and including relevant examples for each step, he is able to lead us to a more hopeful, happy future. From learning how to believe in something greater than ourselves to understanding the importance of humility, each chapter encourages self-reflection and growth. Addicted to Outrage is a timely and necessary guide for how Americans--right and left--must change to survive.
Winner of the Pulitzer Prize in History. On the 250th anniversary of America's founding - a landmark history of the US Constitution for a troubling new era. The US Constitution is among the oldest constitutions in the world - and one of the most difficult to amend. Although nearly twelve thousand amendments have been proposed since 1789, only twenty-seven have ever been ratified. Tellingly, the Constitution has not been meaningfully amended since 1971. Without amendment, the risk of political violence rises. So does the risk of constitutional change by presidential power. Leading Harvard historian Jill Lepore captures the stories of generations of ordinary people who have attempted everything from abolishing the Electoral College to guaranteeing environmental rights, hoping to mend their nation. Recounting the history of America through centuries of efforts to realize the promise of the Constitution, we witness how nearly all those bids have failed. We the People is the sweeping account of a struggle, arguing that the Constitution was never intended to be preserved, but was expected to be gradually altered. At a time when the risk of political violence is all too real, it hints at the prospects for a better, amended America.
The first volume in a series of comparative studies within the ESRC's Whitehall Programme focuses on core executives in five parliamentary democracies comparing the Westminster model as in Australia, Canada and Britain with the continental democracies of Germany and the Netherlands showing how political leadership is shackled by a vast array of constraints, from globalisation to internal fragmentation and rationalisation, making a heroic model of decisive political leadership hard to sustain.
The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers' negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities - Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.
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.
This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.
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.
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.
Few relationships have proved more pivotal in changing the course of American politics than those between presidents and social movements. For all their differences, both presidents and social movements are driven by a desire to recast the political system, often pursuing rival agendas that set them on a collision course. Even when their interests converge, these two actors often compete to control the timing and conditions of political change. During rare historical moments, however, presidents and social movements forged partnerships that profoundly recast American politics. Rivalry and Reform explores the relationship between presidents and social movements throughout history and into the present day, revealing the patterns that emerge from the epic battles and uneasy partnerships that have profoundly shaped reform. Through a series of case studies, including Abraham Lincoln and abolitionism, Lyndon Johnson and the civil rights movement, and Ronald Reagan and the religious right, Sidney M. Milkis and Daniel J. Tichenor argue persuasively that major political change usually reflects neither a top-down nor bottom-up strategy but a crucial interplay between the two. Savvy leaders, the authors show, use social movements to support their policy goals. At the same time, the most successful social movements target the president as either a source of powerful support or the center of opposition. The book concludes with a consideration of Barack Obama's approach to contemporary social movements such as Black Lives Matter, United We Dream, and Marriage Equality.
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.
This volume covers the start of James Monroe's tenure as U.S. minister to France, commencing with his appointment in May 1794 and running through March 1796, a year before his return home. Consisting mainly of Monroe's correspondence with the U.S. and French governments, and with fellow American diplomats, the documents in this volume shed much light on the controversy surrounding the Jay Treaty and on Monroe's efforts to secure the release of two famous prisoners-Thomas Paine, author of "Common Sense," and Madame Lafayette, wife of the American Revolutionary War hero. Monroe's correspondents include President George Washington, Secretaries of State Edmund Randolph and Timothy Pickering, and future presidents Thomas Jefferson and James Madison. While most of the letters relate to official business, Monroe's correspondence with his uncle, Joseph Jones, and with Madison, often relate to personal matters. Including many letters not found in State Department records, this volume of carefully selected documents will engage the interest of both scholars and interested undergraduates.
The Federalist Papers (1787-1788) is a collection of essays and articles by Alexander Hamilton, John Jay, and James Madison. Written in support of the recently completed Constitutional Convention, The Federalist Papers were intended to support the ratification process of the new United States Constitution. When the Constitutional Convention was completed on September 17, 1787 in Philadelphia, the newly-agreed upon Constitution was sent to the states for ratification. As opponents of a strong centralized government began attacking the Constitution in the press, Hamilton recruited Jay and Madison to contribute articles and essays in favor of Federalism to prominent journals and newspapers. Published between October 27, 1787 and May 28, 1788, The Federalist Papers were written by the three authors under the pseudonym "Publius." Although Hamilton wrote the vast majority, Madison's and Jay's contributions are still seen as essential works on the philosophy of American governance. Federalist Nos. 10 and 14, both written by Madison, are regarded as especially significant for arguing for the possibility of effectively governing an expansive republic. In Federalist No. 84, Hamilton argues against adding a Bill of Rights, a proposed compromise with Anti-Federalists that would eventually make up the first ten Amendments to the Constitution. Other important topics introduced or explained in The Federalist Papers include the doctrine of judicial review, the case for a single chief executive, and the purpose of checks and balances. With a beautifully designed cover and professionally typeset manuscript, this edition of The Federalist Papers is a classic of American political history reimagined for modern readers.
The United States Constitution and Bill of Rights (1787-1789) is a foundational document of American democracy. Written by delegates attending the Constitutional Convention, a gathering intended to revise the system of government established under the Articles of Confederation, The Constitution of the United States was ratified in 1788 before becoming effecting in 1789. Nearly two and a half centuries old, it is the oldest continually enforced national constitution in the world. The United States Bill of Rights, containing the first ten amendments to the Constitution, was ratified in 1791, codifying into law the essential individual rights and freedoms of Americans, setting limitations on government power, and diverting powers not specifically granted to Congress to the states and citizens. "We the People." Beginning with these words affirming the democratic aspirations of the nation, The Constitution of the United States defines the foundational organization and function of the federal government. Despite being amended 27 times since its ratification and enforcement, The Constitution of the United States is seen as essential to the American system of government and political representation. Based on several earlier documents, including the Virginia Declaration of Rights (1776) and the English Magna Carta (1215), The United States Bill of Rights adds to the original Constitution-which focuses primarily on the organization and function of the federal government-certain protections and specifications targeting the rights of individual Americans, important safeguards determining the reach of the federal government and ensuring the states and the people are proportionately empowered. The First Amendment, perhaps the most recognizable, guarantees freedom of religion, speech, press, and assembly, as well as the right of every citizen to petition the government without fear of reprisal or punishment. With a beautifully designed cover and professionally typeset manuscript, this edition of The United States Constitution and Bill of Rights is a classic of American political history reimagined for modern readers.
First published in 2006, this book brings together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals from a variety of contexts to provide a rich and contextualized understanding of what happens when law interacts with other competing systems or forms of social organization. By privileging the real world experiences of those most influenced by rights, the collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula. While this complex consciousness approach often contributes to the reproduction of dominant-subordinate social relations, it also allows for spaces of resisting existing hierarchical structures embedded in various law-related sites.
Political realism has recently moved to the centre of debates in contemporary political theory. In this monograph, Matt Sleat presents the first comprehensive overview of the resurgence of interest in realist political theory and develops a unique and original defence of liberal politics in realist terms. Through explorations of the work of a diverse range of thinkers, including Bernard Williams, John Rawls, Raymond Geuss, Judith Shklar, John Gray, Carl Schmitt and Max Weber, the author advances a theory of liberal realism that is consistent with the realist emphasis on disagreement and conflict yet still recognisably liberal in its concern with respecting individuals' freedom and constraining political power. The result is a unique contribution to the ongoing debates surrounding realism and an original and timely re-imagining of liberal theory for the twenty-first century. This provocative work will be of interest to students and all concerned with the possibility of realising liberalism and its moral aspirations in today's world. -- .
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
Author Ken Dorter, in a passage-by-passage analysis traces Plato's depiction of how the most basic forms of human functioning and social justice contain the seed of their evolution into increasingly complex structures, as well as the seed of their degeneration. Dorter also traces Plato's tendency to begin an investigation with models based on rigid distinctions for the sake of clarity, which are subsequently transformed into more fluid conceptions that no longer sacrifice complexity and subtlety for clarity. It's the author's claim that virtually every positive doctrine put forward in the dialogue is problematized somewhere else in the dialogue. This accounts for the apparent incoherence among various parts of the Republic. The dramatic changes of style and content after Books 1, 4, 7, and 9 give it an appearance of being a pastiche of material written at different times, as it is often interpreted. Dorter locates an underlying structure that explains these changes. It is widely recognized that the dialogue is organized symmetrically in the form of an arch, with the beginning and end sharing related themes, the second and penultimate sections sharing other related themes, and so on until the forward series and the reverse series meet in the middle of the dialogue. Dorter's original claim is that the symmetrical segments of the arch reflect the levels of the "Divided Line." Dorter contends that the overall organization of the Republic can be seen to illustrate and imitate the philosophers' ascent from the cave, and their subsequent return to it with altered perspectives. This erudite, salient, and expansive new look at Plato's Republic is essential for philosophy, political theorists, and anyone interested in Plato scholarship.
The authors of this engaging book discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions cannot be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyze the U.S. federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example. Sponsored by the Center for the Study of Federalism. Contributors include: Dorthy Toth Beasley; Irwin Cotler; Talbolt Dalemberte; Daniel J. Elazar; A.E. Dick Howard; Gary J. Jacobsohn; Koen Lenaerts; Jean Yarborough; Michael P. Zuckert.
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.
The Scottish independence debate has consequences for Scotland, British politics, the future of the UK - and internationally. In Scotland Rising, Gerry Hassan addresses the key questions in this debate with a deep dive into its history, beyond the usual references to Thatcherism, Toryism and Westminster, by analysing the relative decline of the UK, the nature of the British state, its capitalist economy and politics that underpin it. At the same time, a distinctive, autonomous Scotland has emerged beyond Nichola Sturgeon's SNP and independence that has demanded more self-government. Scotland Rising highlights the importance of culture, stories and collective voices in reshaping how people see Scotland, both in during the first referendum in 2014 and again today. This debate is of relevance to everyone in the UK, including England, Wales and Northern Ireland. Can politics and democracy liberate people from the wreckage of Westminster? And if the Scots can, could it inspire others? Scotland Rising is a must-read for anyone with an interest in the future of Scotland and the UK.
Ideas and Frameworks of Governing India and its companion volume Neo-liberal Strategies of Governing India tell the story of governance in independent India and address the critical question: how is a post-colonial democracy governed? Further, they attempt to understand why the process of governing a post-colonial democracy, particularly in the neo
Radicalism had a powerful but largely unacknowledged influence in the Italian-American community. This study brings together 16 selections that restore to Italian-American history the radical experience that has long remained suppressed, but that nevertheless helped shape both the Italian-American community and the American left. The detailed introduction by the volume editors interprets the overall history of Italian-American radicalism and offers extensive bibliographical references on the topic, which the volume editors organize into three sections: labor, politics, and culture. A concluding selection relates the radicalism of Italian Americans to that in other Italian immigrant communities. In the section on labor, Rudolph Vecoli, among others, traces the rise and decline of radicalism within the Italian-American working class, and Jennifer Guglielmo breaks new ground in uncovering the involvement of Italian American women in the radical movements. In politics, Paul Avrich unveils the violent reaction of anarchists in the United States to the execution of Sacco and Vanzetti, and Jackie DiSalvo identifies Father James Groppi as the most important white leader in the Civil Rights movement. On culture, Julia Lisella, Mary Jo Bono, and Edvige Guinta present pioneering interpretive studies on the work of Italian-American women in literature. |
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