Bringing together contributions on the nature of corruption in East and Southeast Asia, this edited volume examines the means of limiting and ultimately eliminating corruption at a national and international level. Taking a country by country approach the text explores:

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• the concept of corruption, now and in the past
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• recent experiences of Asian countries at the macro- and micro-levels
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• practical local and international measures to constrain corruption.

The volume outlines key principles of good governance and the policies and practices essential for their application. As such, it represents an extremely valuable contribution to our understanding of corruption and how to tackle the problem.

He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: "the people." The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution "imbecilic" because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of "perfecting" the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

In this fresh and provocative critique of judicial power, Matthew Franck argues for a Supreme Court that is newly mindful of constitutionalism's basis in the sovereign will of the people and of the distinctly limited scope of judicial authority that is permitted by that constitutional sovereignty. Neither activism nor restraint, but a lively sense of the fundamental constraints that deprive the Court of any legitimate choice between those two options, is at the heart of Franck's model of appropriate judicial modesty.

Franck challenges three propositions central to current debates over the Supreme Court's role in American life: that the Court has the final word in interpreting the Constitution above competing views from other government branches; that it may legitimately initiate actions to correct political or social dysfunctions left uncorrected by those branches; and that constitutional decisions may be grounded in natural law or a "higher law" located beyond the text of the Constitution.

Franck claims that these erroneous propositions have allowed the Court's power to grow well beyond its constitutional mandate. He persuasively argues that a more accurate and responsible view of judicial power can be revived by reexamining the Framers' thought, the writings of liberal philosophers (especially Hobbes, Locke, and Blackstone), and the early opinions of the Supreme Court.

His reasoned critique provides illuminating new perspectives on the jurisprudence of John Marshall; on the origins and practices of "judicial statesmanship" (presumed to have begun with Marshall); on McCulloch v. Maryland (1819)-which was not, Franck argues, a ruling in pursuit of a nationalist political agenda but conformed to a modest vision of the judicial power; and on the mangled roots of substantive due process. In addition, he reviews recent Supreme Court confirmation hearings to demonstrate the large influence of historical misconceptions on our understanding of the proper scope of judicial power in a constitutional democracy.

Historians have not been generous in judging the presidency of John Quincy Adams. Those who have most conspicuously upheld Adams's fame have, at the same time, virtually ignored his service in the White House. Critics, on the other hand, have described his administration as a failure, founded upon "bargain and corruption" and marked by exclusion of the United States from the British West Indian trade, the ineffectiveness of its efforts to promote strong Pan-American relationships, and the enactment of the "tariff of abominations." Some analysts have even argued that it generated the sectionalism which terminated the "Era of Good Feelings."

Mary Hargreaves contends, instead, that the basic effort of Adams's presidency was to harmonize divergent sectional interests. To ignore the Adams administration's commitment to nationalism, she argues, is to overlook a fundamental stage in the establishment of the federal government as guardian of the general interest.

The volume contains new information on the development of United States commercial policy, the nation's early relationships with Latin America, and difficulties of local and regional adjustment to the growth of the national economy. It will be of keen interest to all students of the economic and political history of the early national period.

This book traces the development of the political institutions, electoral systems, parties, civil society, economic and social policies and foreign affairs of the three Baltic states of Estonia, Latvia and Lithuania over the last quarter century.

This timeless classic by Harold J. Laski explains the nature of the modern state by examining its characteristics, as revealed by its history. "The State in Theory and Practice" is a work that grows in significance, rather than dwindles over time. This is because, as Sidney A. Pearson, Jr. points out, Laski helped develop and expound the foundational arguments of the political left.

After the collapse of the Soviet Union, even on the hard left, few people thought of Marxism, at least in its classical formulation by Laski in the 1930s, as a political alternative. Much of the interest in Laski seeks to separate the early Laski of pluralist parliamentary arguments from the later Laski of Marxism. Laski's appeal rests on subtle aspects of his science of politics that require a detailed examination before their full significance can be understood. The state is a work that operates at several layers of assumptions and implications.

The significance of Laski starts with the observation that among many intellectuals on the left, the political critique of liberal democracy remains as influential after the collapse of the Soviet Union as it was when Laski wrote. The leftist critique of classical liberalism is one of the touchstones of modern political thought and Laski remains part of that tradition. Laski is one of the links between what might be called the "old left" of the pre-World War II era and the "new left" of the 1960's and later.

Territories like American Samoa, Anguilla, Aruba, Bermuda, British Virgin Islands, Cayman Islands, Cook Islands and the Faroes are sub-national island jurisdictions (SNIJs). They all share some measure of autonomous government, and are easily construed as independent states-in-waiting. Yet, most of these territories exhibit no urgency to become independent. Instead, they appear to have decided that there are political and economic benefits accruing today when island territories are autonomous but not sovereign. In an uncertain world, a substantial degree of autonomy, respect and protection for local culture and identity, reasonable provision of employment opportunities, welfare and security by a larger and benign metropolitan state, have collectively weakened most local thrusts for independence. In spite of the mandate of the United Nations Committee on Decolonisation, there is a strong case to be made today for non-sovereignty, and it is the SNIJs that provide clear evidence.

Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the 'constitutional function'. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.

This book examines the transformation of the state in Central and Eastern Europe since the end of communism and adoption of market oriented reform in the early 1990s, exploring the impact of globalization and economic liberalization on the region's states, societies and political economy. It compares the different policies and national strategies adopted by key Central and Eastern European states, including the Czech Republic, Poland, Hungary and Slovakia, showing how initial internally oriented strategies of market reform, privileging domestic sources of investment, had by the late 1990s given way to externally oriented strategies emphasising the promotion of competitiveness by attracting foreign investment. It explores the reasons behind this convergence, considering the influence of internal and external forces, and the roles of interests, institutions and ideas. It argues that internationalization of the state is forged in the processes through which domestic groups linked to transnational capital attain domestic influence necessary to shape state policy and strategy. These groups - the comprador service sector in particular - constitute and organize political, social and institutional support of the competition state in the region. Overall, this book not only provides a detailed account of the political economy of post-communist transformation in Central and Eastern Europe, but also the processes by which states adapt to the forces of globalization.

The present international order is characterized by the rapid globalization of economic activity, by systematic attempts to coordinate state responses to the outbreaks of violence and by unilateral military interventions against sovereign states either by the USA or by one of its regional allies. This collection explores the changes that the current international order has brought to the theory and practice of recognition of secessionist claims and to the conditions for secessionist mobilization. The volume examines how independence movements achieve legitimacy amongst both their target populations and outside states, and how the forces of increasing economic globalization and political interdependence impact on secessionist mobilization. It addresses how the outside states recognize the independence of new states and whether the claims to independent statehood can be justified within normative theories of secession and international law. These issues are explored both through comparative analysis within legal, international relations and political science frameworks and through an examination of several recent attempts at secession.

'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed'. For the past half century, legal historians, analysts, judges and commentators have disagreed as to the original scope and intent of these words, making up the Second Amendment to the United States Constitution. Individual right theorists interpret it as protecting the personal privilege to own and carry firearms, while collective right theorists interpret it as only protecting the privilege of a collective society to bear arms in relation to militia service. This book examines the contentions of both groups and concludes that the amendment is meant only to protect the right of an individual to 'keep and bear arms' for the purpose of defending the country in a militia force against standing foreign or domestic armies. To interpret the amendment in any other way, the author argues, is to take its wording out of context and overextend a limited right that predated the Constitution and was essential to the founding of the nation. In crafting his argument, the author examines the Second Amendment in exacting detail, looking at its earliest drafts and its placement within the Bill of Rights, the state constitutional ratifying conventions, and judicial interpretations of the amendment through the landmark decision in 2008's District of Columbia v. Heller. The two final chapters examine the relationship between the Second Amendment and individual states, focusing specifically on the state of Ohio's 'right to bear arms' provisions provided in its 1802 constitution.

In more than 230 years of statehood, the United States has created its own distinctive way of living and governing--a way which its citizens cherish, but about whose essence, for want of definition, they frequently disagree. Charles Beard offered, in a synthesis of his life work, a permanent statement on the nature of the American Republic.

To carry out his purpose, Beard discusses, among other subjects, the making of one nation out of many peoples and nationalities, the letter and the spirit of the Constitution, the rights and liberties of citizens, the theory of checks and balances, the role of political parties, the Republic in the world of nations, and the coming fate and fortune of America. Above all, he deals philosophically with the eternal conflict between power and freedom, security and liberty.

In form, the book is a series of conversations among friends. The author and two public-spirited citizens carry the main burden of the discourse, and other figures are introduced to present special but prevailing points of view. In this way the reader not only feels that he is participating in a search for the truth, but discovers that his own point of view has here an able sponsor. Beard has taken a theme of majestic scope and presented it in terms that are warm and human and immediately relevant.

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.

For a quarter of a century between 1763 and 1788, Americans intensely debated the nature of government and the need to protect individual liberties. The debate climaxed in the arguments over the ratification of the Constitution. Through a selection of essential documents from 1787 and 1788, this new edition gives readers the flavor and immediacy of the great debate in all its fire, brilliance, and political intensity. Organized by topic, this is a convenient reference and teaching tool. This updated edition contains an entirely new section on the debate over class structure, property rights, and the economy under the proposed Constitution an ideal introduction to a debate meaningful 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.

Traces the history of, and analyzes, the current status of the law on a number of prohibited acts forbidden to the federal government as prescribed in Article I, Section 9, of the United States Constitution. Most of these represent constraints on Congress with the exception of the statement that no money may be drawn from the U.S. Treasury except by appropriation, which increases the power of Congress. The provisions include prohibitions against suspending the privilege of the writ of habeas corpus except in cases of emergency and against passing bills of attainder and ex post facto laws. These prohibitions secure important freedoms for the citizens of the United States.

Among the other prohibitions discussed are a delay in stopping the slave trade, forbidding taxes on exports between states, forbidding giving preferences to ports of one state, and forbidding public officers from accepting things of value from foreign countries. Several of these provisions, such as those concerning bills of attainder, ex post facto laws, and the writ of habeas corpus laws are the bedrock of our free society. The provision on the need for appropriations enhances the role of Congress and sets up potential conflicts between it and the other two branches of government, conflicts that might lead to highly significant cases that will help to clarify to doctrine of the separation of powers. A table of cases, bibliographic essay, and an index to enable further pursuit of key topics is included to aid students, legal, and constitutional scholars.

This volume brings together some of the most recent scholarship on government and civil society. It examines the axis of the relationship between national governments and civil society organisations (NGOs) by highlighting commonalities as well as differences among four key regions in the world. Using the stability vs. instability framework, the book explores a range of pertinent issues, including human rights, development, foreign policy, state-building, regime change, governance frameworks, wars and civil liberties. It studies diverse situations, from those entailing comprehensive cooperation to those involving politically contentious and revolutionary activities. With case studies from Africa, Asia, Europe, and the Middle East and North Africa (MENA), this volume will be useful to scholars and researchers of political science, global politics, international relations, sociology, development studies, global governance and public policy, as well as to those in the development sector and NGOs.

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.

This innovative reader brings together classic theoretical texts and cutting-edge ethnographic analyses of specific state institutions, practices, and processes and outlines an anthropological framework for rethinking future study of "the state."
Focuses on the institutions, spaces, ideas, practices, and representations that constitute the "state."
Promotes cultural and transnational approaches to the subject.
Helps readers to make anthropological sense of the state as a cultural artifact, in the context of a neoliberalizing, transnational world.

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or 'independent agencies' as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, 'agentification' as a result of internationalisation, and 'agentification' as a reflex and consequence of transnational polity-building within the EU.

Exploring the Utopian Impulse presents a series of essays by an international and trans-disciplinary group of contributors that explores the nature and extent of the utopian impulse. Working across a range of historical periods and cultures, the essays investigate key aspects of utopian theory, texts, and socio-political practices. Even as some critique Utopia, others extend its reach beyond the limits of the modern western tradition within which utopianism has usually been understood. The explorations offered herein will take readers over familiar ground in new ways as well as carry them into new territories of hope and engagement.

The transnational architecture of global information networks has made territorial borders less significant. Boundaries between spaces are becoming blurred in the evolving information age. But do information and communication technologies networks really lead to a weakening of the nation-state? This volume revisits the 'retreat of the state' thesis and tests its validity in the 21st century. It considers cyberspace as a matter of collective and policy choice, prone to usurpation by governance structures. Governments around the world are already reacting to the information revolution and trying to re-establish their leading role in creating governance regimes for the Information Age. The volume comes at a historical moment when new political dynamics are detected and new conceptual models are sought to categorize the attempts to deal with global/transnational issues. It will intrigue the reader with expert-level analysis of the role of the state in the emerging global/supranational governance structures by providing historical context and conceptualizing trends and social dynamics.

No other institution better mirrors the division of American political power than the congressional districts in the U.S. House of Representatives. Understanding the makeup of districts is essential to understanding national politics and power in Washington. CQ Press continues its thirty-year history of illuminating the often-hidden mystery of congressional districts in the long-awaited Congressional Districts in the 2000s: A Portrait of America. Each decade a new national census requires reapportionment changes in the number of seats per state in the House and redistricting redrawing the boundaries for each district in a state. The outcome of this decennial exercise controls the division of power between the parties. Congressional Districts in the 2000s looks at the process and the results in fine detail. Each of the 435 districts that comprise the full House is examined to show demographic composition, economic status, business operations, media, and more. No other single source provides such a full portrait of each state's districts, and thereby the entire nation. The book is your one-stop source for the right information. Here's what you will find: Each state as a self-contained chapter. Profiles of each district in a state, including: Text description of the district, key election returns and population figures Cities and counties in the district and their populations Demographic data such as race and Hispanic origin Universities and colleges, newspapers, television and cable providers Business and other major employers. The 2000 presidential vote reconfigured to fit the new districts, giving a measure of Republican/Democrat strength in the new districts. A state map showing the congressional district lines, county lines, and major cities. Urban maps are included for states with large cities and metropolitan areas. Summary demographic tables from census data for each district showing: voting-age persons by race and age groups Population, education, housing patterns, income and occupation. All of the array of information is quickly accessible through a group of indexes for each major component in the book. Congressional Districts in the 2000s is the authoritative one-stop source of information about the new congressional districts that will be in place for the next decade. Students, scholars, teachers, lobbyists, journalists, interested citizens, and politicians across the ideological spectrum will consult this volume time and again for vital information.

State collapse in such places as Afghanistan, Somalia, and Yugoslavia has led to widespread human suffering, regional instability, and transnational threats of organised crime and international terrorism. This collection situates state failure and collapse against the backdrop of the emergence, consolidation, expansion, and erosion of the Western state system.

The contributors examine why and how states collapse through case studies of countries including Nigeria, Georgia, and Afghanistan, and through analyses of warlordism, conflict goods, and small arms and light weapons proliferation. Humanitarian and post-conflict reconstruction efforts in such places as East Timor, Cambodia, Somalia and Bosnia are also analysed and critiqued. The volume, which brings together some of the foremost scholars working on state collapse, will be of interest to both scholars and practitioners.

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.