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Institutions shape every dimension of politics. This volume collects original essays on how such institutions are formed, operated, and changed, both in theory and in practice. Ranging across formal institutions of government such as legislatures, courts, and bureaucracies and intermediary institutions such as labor unions and party systems, the contributors show how these instruments of control give shape to the state, articulate its relationships, and express its legitimacy. Rethinking Political Institutions captures the state of the art in the study of the art of the state.

Drawing on some of the leading scholars in the field, this volume includes essays on issues of social power, public policy and programs, judicial review, and cross-national institutions. Rethinking Political Institutions is an essential addition to the debate on the significance of political institutions, in light of democracy, social change and power.

Contributors: Elisabeth S. Clemens, Jon Elster, John Ferejohn, Terry M. Moe, Claus Offe, Paul Pierson, Ulrich K. Preuss, Rogers M. Smith, Kathleen Thelen, Mark Tushnet, R. Kent Weaver, Margaret Weir, Keith E. Whittington

This book offers a comprehensive overview of the role of parliamentary administrations in the control of European Union policy-making. It questions whether the decision to give parliaments greater powers in the aftermath of the Lisbon Treaty had only the intended effect of political debate on European policies, or whether it has also resulted in the bureaucratisation of parliaments. The authors argue that the challenges of information-management faced by parliaments lead them to delegate an extensive set of tasks to their administrations. They offer a broad empirical picture, analysing the challenges faced by national parliaments and the role and response of their administrations in the case of the European Parliament, national parliaments and regional parliaments. In addition, the book studies the interaction between different administrations and their contribution to interparliamentary cooperation. It presents a new and different perspective on the challenges and dynamics of multi-level parliamentarism.

In this book, Michael J. C. Taylor outlines an intellectual history of the six essential phrases of the Preamble of the U.S. Constitution. These phrases convey what the essential goals and purposes of the Constitution are, and this book's essential mission is to discern both the original intent of the Framers, as well as the Enlightenment legacy they left to us. This book examines the writings of the Framers, as well as the various works that inspired their ideas and the abstract concepts they studied.

An analysis of selective aspects of India's constitutional identity, this book provides an analytical account of the changing and changed texture of India's constitutional identity bearing in mind the historical context in which it is articulated. The book conceptualizes the gradual evolution of an idea by tracing the history of India's constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India's constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged. A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.

This accessible and detailed book takes an interdisciplinary approach in exploring the position of national parliaments in the EU polity and in particular their position within the EU governance framework. Adam Cygan analyzes the impact of subsidiarity monitoring upon national parliaments and to what extent this provides new opportunities for national parliaments to be engaged in, and exert influence over, the EU legislative process. While the post-Lisbon position of national parliaments may have improved, this book questions whether national parliaments can really be considered as central actors in EU affairs. The author also queries whether subsidiarity monitoring has the capacity to create a collective bloc of horizontal actors which exert effective accountability over the EU legislative process. Accountability, Parliamentarism and Transparency in the EU will strongly appeal to academics, parliamentarians/parliamentary officials working in EU affairs, as well as EU civil servants. Contents: Introduction 1. National Parliaments, Accountability and Transparency in a European Perspective 2. European Integration and Deparliamentarisation 3. National Parliaments in the EU Treaties 4. The Ordinary Legislative Process and National Parliaments 5. Subsidiarity as a Regulatory Principle in EU Law 6. Subsidiarity Control after Lisbon 7. Accountability and Legitimacy in a Multi-Level Context 8. National Parliaments after Lisbon: A New Dawn of Accountability or Remaining on the Periphery? Bibliography Index

In one of the lengthiest, noisiest, and hottest legal debates in U.S. history, Cruel and Unusual Punishment stands out as a levelheaded, even-handed, and thorough analysis of the issue. The Eighth Amendment to the U.S. Constitution created one of the nation's most valued freedoms but, at the same time, one of its most persistent controversies. On 184 separate occasions, the Supreme Court attempted to decide what constitutes "cruel and unusual punishment." Constitutional scholars Joseph A. Melusky and Judge Keith A. Pesto help readers make sense of the controversy. The authors begin by sketching the context of the debate in a general overview that addresses issues such as excessive bails and fines, and noncapital offenses. But their primary focus is capital punishment. In a detailed, chronologically ordered discussion, they trace the evolving opinion of the nation's highest court from the late 19th century to the present, analyzing issues, arguments, holdings, and outcomes. A focused list of primary source documents includes the Magna Carta, the Northwest Ordinance, the 5th, 8th, and 14th Amendments, and excerpts from the Federalist Papers Appendixes include tables and charts on public opinion on the death penalty, state statistics, federal sentencing guidelines, and a bibliography

A pioneering historical analysis of the state from a sociological perspective which focuses on the changing nature of political power and the groups who wielded this power. One of his key insights is the distinction between the economic and the political means of acquiring wealth. This is the 1914 book that started it all in the 20th century, the book that kicked off a century of anti-state, pro-property writing. This was the prototype for Nock's writing, for Chodorov's work, and even the theoretical edifice that later became Rothbardianism. Indeed, Franz Oppenheimer wrote what remains one of the most bracing and stimulating volumes in the history of political philosophy. The author sought to overthrow centuries of fallacious thinking on the subject of the state's origin, nature, and purpose, put its it place a view of the state that constitutes a foundational attack on the structure of modern society. He utterly demolishes the social-contract view of the state as it had been advanced by most thinkers since the Enlightenment. He seeks to replace that view with a realistic assessment of the state, one that can only make anyone with statist leanings squirm: he sees the state as composed of a victorious group of bandits who rule over the defeated group with the purpose of domination and exploitation. It achieves its status through a form of conquest, secures its power through relentless aggression, and sees its main function is to secure its status and power. Consider that when this book was written such views were a scandal, especially in Germany. Oppenheimer, who was a medical doctor who became a professor of sociology, suffered terribly for his libertarian views. Then this book appeared, which stunned even his most vociferous critics with its analytical rigor, historical sweep, and steely resolve. The book has since appeared in more than a dozen languages. In a world that cared about ideas, this would be required reading in political philosophy. From an economic point view, his analysis holds up even where his language about capitalism and socialism can be somewhat confused. In fact, it was Rothbard's own work that took Oppenheimer's theory and fit it into a free-market framework. But to fully understand the state theory behind modern Austro-libertarian thinking, this work is indispensable.

This volume probes the intersections between the fields of social movements and nonviolent resistance. Bringing together a range of studies focusing on protest movements around the world, it explores the overlaps and divergences between the two research concentrations, considering the dimensions of nonviolent strategies in repressive states, the means of studying them, and conditions of success of nonviolent resistance in differing state systems. In setting a new research agenda, it will appeal to scholars in sociology and political science who study social movements and nonviolent protest.

This title was first published in 1997: This is the definitive English translation of the new Russian Civil Code (Parts 1 and 2), often referred to as "the second Russian Constitution". The Civil Code of the Russian Federation is the result of a collaborative effort of a leading United States expert on Russian law and of the staff of the Private Law Research Center attached to the Office of the President of the Russian Federation -- the Center that had primary responsibility for drafting the new Civil Code. The authoritative introduction, complete table of contents. and comprehensive index combine to set this work far beyond the utility of any existing translations of the Civil Code. It will be a must-have resource for government, law and international business collections.

In 1942, Hugh Borton, then a 39-year-old assistant professor of Japanese history, was called to serve in the State Department. Here he rose rapidly to become one of the principal architects of United States policy toward post-war Japan. Drawn from Borton's personal papers, this work provides a fresh and intimate picture of the man who played a pivotal role in defining the meaning of unconditional surrender for Japan, retaining the Emperor, and designing Japan's post-war constitution. It sheds new light on the development of the United States' post-war Japanese policy and the often-fractious relationships between the various agencies tasked with its creation and implementation. The author of Japan's Modern Century, director of Columbia University's East Asian Institute, and later president of the Association for Asian Studies, Hugh Borton dedicated his life to strengthening the academic, cultural, and humanitarian ties between Japan and the United States.

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

This book traces the roots of modern-day Kashmir and the role of Sheikh Abdullah in its making. As the most influential political figurehead in twentieth-century Kashmir, he played a crucial role in its transformation from a kingdom to a state in independent India. He was enigmatic and complex, to say the least. Following his meteoric rise, he dominated the political scene for more than 50 years, with enduring impact. The volume presents a keen analysis of pre-Independence events which led to the emergence of a controversial and confused identity of the region. It also looks at other major themes in the political life of Kashmir, including the formation of the Muslim Conference, the plebiscite movement and the Kashmir Accord. A major intervention in the political life of South Asia, this book presents an inside-view of the history of modern Kashmir through the life and times of Sheikh Abdullah. It will be of great interest to scholars and researchers of politics, history, and modern South Asia.

Whether it's the first-past-the-post electoral system or partisan government appointees to the Senate, Canadians want better representation and accountability from the federal government. Before reforms can be enacted, however, it is important to explore and clarify the relationships among Canada's three parliamentary institutions: Crown, Senate, and Commons. In The Constitution in a Hall of Mirrors, David E. Smith presents a learned but accessible analysis of the interconnectedness of Canada's parliamentary institutions. Smith argues that Parliament is a unity comprised of three parts and any reforms made to one branch will, whether intended or not, affect the other branches. Through a timely, nuanced, and comprehensive examination of parliamentary debates, committee reports, legal scholarship, and comparative analysis of developments in the United Kingdom, Smith uncovers the substantial degree of ambiguity that exists among Canadians and their calls for structural and operational reforms. By illuminating the symbiotic relationship between the Crown, Senate, and Commons, The Constitution in a Hall of Mirrors brings government reform closer to reality.

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.

The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

This volume, first published in 1925, presents a clear background to the then-contemporary political situation in China, and in doing so sheds much light on the history of Chinese politics. In focusing on the political organization it generates an insightful study of Chinese government.

The War on Terror has been going on for over a decade and it shows no signs of winding down in near future, a war which has directly contributed to growing security regimes in frontline states. This book focuses on the legal dimensions of the War on Terror and security in Pakistan. It highlights the growth of the security state in Pakistan, and questions the growing and by-now entrenched legal security regime in the country. The book traces the roots of the present security laws in colonial and post-colonial times. One broader dimension from which the legal security regime of Pakistan is approached in this book is through highlighting specific issues concerning the legal identity of the subject such as the rights of aliens in the background of state power versus liberal constitutionalism, and the rights of terrorism suspects in the background of deploying death sentence as a tactical, psychological tool versus the absolute right to life (of every individual). By critically reflecting on the increasingly institutionalized form of the security apparatus in Pakistan, the book (indirectly) suggests the legal ways to resist the growing legal security regime and derogation from human rights. Offering a theoretically engaged and critically reflective overview of the current state of individual identity, rights and freedoms in face of a burgeoning legal regime of security in Pakistan, this study makes advances in critical legal studies and critical IR. It will be of interest to academics working in the field of security studies, South Asian Studies, particularly Pakistan, and the War on Terror.

The book seeks to critically examine the implication of a constitution of law for a political society. It presents a collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power. The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, political representation and citizenship.

Laws exist to incentivize us to act in a certain manner, in accordance with the policies that our community has deemed right for us. And when we disagree with those laws, we must re-examine our policies, and thus our beliefs and ideas, to decide whether our community has changed. This is a book about law and public policy-about the ideas and the rules we build to implement those rules. While similar books have looked at public policy and public administration in an effort to explain how the government works, and others have considered the foundations of the legal system to understand the rulemaking institutions, this book takes a different approach. In this ground-breaking new textbook, author Kevin Fandl develops a complete picture of society, from idea to action -- by examining laws through the lens of policy, and vice versa. This holistic approach gives readers a chance to see not only why certain rules exist, but how those rules evolved over time and the events that inspired them. It offers readers an opportunity not only to see but also to participate in the process of forming the structures that shape our society. This textbook is divided into two sections. The first section provides readers with the tools that they will need to digest the policies and laws that surround them. These tools include a historical deep dive into the foundations of the governance structure in the United States and beyond, an important examination of civics and a reminder of the importance of engaging in the policymaking process, a careful breakdown of the institutions that form the backbone of the law and policy-making institutions in the United States, and finally critical thinking including practical tools to find reliable sources for news, research, and other types of information. The second section of the text is comprised of subject-matter analyses. These subject-based chapters, written by experts on the topic at hand begin with a historical perspective, followed by a careful examination of the key policies and laws that inform that field. Each chapter highlights key vocabulary, provides practical vignettes to add context to the writing, explores a unique global component to compare perspectives from communities worldwide, and includes a number of discussion questions and recommended readings for further examination. This textbook is tailored specifically for undergraduate and graduate students of public policy, to introduce them to the role of law and legal institutions as facilitators and constraints on public policy, exploring those laws in a range of relevant policy contexts with the help of short case studies.

NOW A NEW YORK TIMES, WASHINGTON POST, WALL STREET JOURNAL, USA TODAY, AND PUBLISHERS WEEKLY BESTSELLER. There has never been a more important political investigation than Robert S. Mueller III's into President Donald Trump's possible collusion with Russia. His momentous findings can be found here, complete with: The 300+ pages of the historic report, as released by the Justice Department An introduction by constitutional scholar, eminent civil libertarian, and New York Times bestselling author Alan Dershowitz. The relevant portions of Title 28 of the Code of Federal Regulations, the 1999 provisions written by former acting Solicitor General Neal Katyal, which establish and regulate the powers of the special counsel. Rod Rosenstein's 2016 order appointing Robert Mueller III as special counsel and outlining the scope of his investigation. Attorney General William Barr's four-page summary of the report, as sent to Congress. Barr's explanation of the four reasons for redacting the report, and a key for identifying them in the color-coded report The wait is over. Robert Mueller, a lifelong Republican, has concluded his investigation and submitted its findings to Attorney General William Barr. Barr has told Congress that Mueller found no proof of collusion between the Trump campaign and Russia, and did not come to a conclusion on obstruction of justice-neither concluding the president committed a crime nor exonerating him. But Mueller's report was over 300 pages and Barr's summary was only four pages, raising questions about the conclusions of a historic investigation. Special Counsel Robert Mueller III's probe into Russian influence on the 2016 election of Donald Trump-including links between the campaign and Russian interests, obstruction of justice by President Trump, and any other matters that may have arisen in the course of the investigation-has been the focal point of American politics since its inception in May 2017. Democrats in the US House of Representatives hoped to use the report to begin impeachment proceedings, with the support of those critical of the president. Media tracked Mueller's every move, and the investigation was subject to constant speculation by political pundits everywhere. It resulted in the indictments of Michael Flynn, Paul Manafort, Roger Stone, and many others. President Trump and his supporters affirmed that the investigation was a "witch hunt" and the product of a plot by the political establishment-the "deep state"-to delegitimize his presidency. Mueller's findings-at least according to Barr-allowed the latter to claim victory. But now, thanks to a subpoena from House Judiciary Committee chairman Jerry Nadler for the full report, a resolution from the House of Representatives to release the full report to the public (though blocked in the Senate by Mitch McConnell), and popular demand, it's time for public to judge if that is true. The Mueller investigation will join Watergate, and the Mueller Report will join the 9/11 Commission Report, the Warren Report, and the Starr Report, as one of the most important in history. The Mueller Report is required reading for everyone with interest in American politics, for every 2016 and 2020 voter, and every American. It's now available here as an affordable paperback, featuring an introduction from eminent civil libertarian, Harvard Law Professor Emeritus, and New York Times bestselling author Alan Dershowitz, who provides a constitutional, civil law-based commentary sorely needed in today's media landscape.

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.

Using the way of storytelling, this book examines the petitions of the migrants of a dam in China. With the intensive and thorough analysis of the unique logic behind the petitions, it explores the complex relationship between Chinese peasants and governments, where people may find the key to the mysteries of Chinese society. As the first academic monograph which systematically studies petition, the peculiar Chinese social phenomenon, this book describes the collective action of the rural migrants who had fallen into poverty due to the construction of a dam in China's Three Gorges area. By investigating the ups and downs of the petitions, it reveals the operating mechanism of Chinese counties, the conflicts between the officials and the masses, as well as Chinese political culture, especially the subtle process of the contest of powers. It observes that the peasants' pursuit of justice not only temporarily maintains the balance of interests, but also makes the legitimacy of the party-state been reproduced. With substantial first-hand materials and empirical analyses, this book will be a valuable reference for scholars and students to study Chinese politics and society.

Understanding India's politics and governance requires an examination of how politics and governance occur in the regional States, which constitute the federal units of India.This book addresses the issues of federalism, power-sharing and constitutional reforms, and their effects on governance in Indian States. Located within the growing literature on new State politics in India, this volume presents a critical, in-depth analysis of politics in Bihar, West Bengal and Tripura - these States being units of analysis for more general implications.What common obstacles have impeded development in each State, and what factors have favored recent, rapid development in some States but not others? The issues of caste conflicts, ethnic conflicts and other collective identity issues will be examined in this book - a pioneer volume with detailed, empirically-based research on the implications of State-centric politics in India.