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.

We are at a watershed of history. The human race is now so numerous and its technological power so great that we are having an unprecedented impact on the biosphere, the entire planet. The need to control this impact is giving rise to a new kind of politics - the politics of the planet. The most urgent problem we face is that of climate change. This book gives a vigorous and candid account of how governments tentatively felt their way to the first international agreements on climate change and the ozone layer, how these work, and the long-term implications for global governance. It points to the roles that businesses and ordinary citizens can play, and the changes we can expect in our daily lives. This is an area in which politics, technology and economics meet. In this sweeping and energetic book, the author goes on to look at the major planetary issues that confront us now or that are close over the horizon, and the ethical issues of our relationship to our environment that they raise. Amid the dangers, he finds ground for hope. Anyone with an interest in the human condition as we spin further into the new century will find this an enlightening and rewarding book. Originally published in 2000

Understand why Donald Trump's negotiations prevailed and failed. Learn from internationally recognized negotiation expert Marty Latz as he analyzes over 100 Trump negotiations and guides you through dozens of Trump's strategies, highlighting which to use and avoid. Trump's dealmaking past provides insight as to how he will negotiate with the rest of the world-and what it means for everyone's future. Trump considers himself one of the world's best negotiators. But is he? Learn how he succeeded and failed in his 50 years of negotiating deals. Then evaluate his negotiations as president. Our safety rests on his skills. Donald Trump has provided unprecedented transparency into his business negotiations. His counterparts have also not been shy (including in over 4,000 lawsuits). We know what he did. Trump Tower. Taj Mahal. The Apprentice. President Trump has also now negotiated with Congress and the world. Does this require different strategies? Find out how to use his effective strategies-and avoid his counterproductive ones. That one new tactic you gain may make the difference between walking away a winner and leaving empty-handed. Learn the Reality of Trump's Negotiations through: Over 100 Trump negotiations - plus many more strategies Trump's Top Ten Business Negotiation Strategies, including: o His win-lose mindset o Threats in Trump's world o Trump's business bullying His counterparts' views Comparisons to masterful negotiations involving: o James Madison o John F. Kennedy o Lyndon B. Johnson o Ronald Reagan o George H.W. Bush Expert analysis of his negotiations with o Mexican President Enrique Pena Nieto about the border wall o Congress to repeal and replace Obamacare

The Constitution is the fundamental governing document of the United States. But to what extent do candidates and parties make constitutional arguments in the course of American elections? By examining party platforms, candidate messages, presidential debates, and television ads, The Constitution on the Campaign Trail answers four main questions: How often does constitutional rhetoric appear in campaigns? How much of it is explicit and how much implicit? What constitutional topics receive the most attention? And how often do the electoral competitors engage in an actual constitutional dialogue? The Constitution on the Campaign Trail finds evidence for a long, broad decline in the use of constitutional rhetoric since the mid-19th century. Making matters worse, the modern medium most responsible for conveying campaign messages on a day-to-day basis television advertising -has proven least conducive to constitutional argument. To that extent, concerns about a deconstitutionalization of politics are well placed. However, and perhaps surprisingly, American campaigns have actually seen a limited resurgence in constitutional rhetoric over the past four decades, driven in large part by increased concern with judicial issues, rights, and federalism. The book concludes with explanations of past trends and a look to the future. The political analysis found in The Constitution on the Campaign Trail is firmly grounded in historical research and the conclusions reached are trenchant."

The discrepancy between the fourteenth amendment's true meaning as originally understood, and the Supreme Court's interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people's rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court's constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.

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.

With the American revolutionaries in discord following victory at Yorktown and the Paris Peace Treaty of 1783, the proposed federal Constitution of 1787 faced an uncertain future when it was sent to the states for ratification. Sensing an historic moment, three authors - Alexander Hamilton, James Madison and John Jay - circulated 85 essays among their fellow statesmen, arguing for a strong federal union. Next to the Constitution itself, the Federalist Papers are the most referenced statement of the Founding Fathers' intentions in forming the U.S. Government. This book takes a fresh look at the Papers in the context of the times in which they were created.

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 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.

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.

More than thirty years after the collapse of the USSR, the critique of state socialism is still used to deny alternatives to capitalism, irrespective of global capitalist ecological and social devastation. There is seemingly nothing worthwhile salvaging from decades of state socialist experiences. As the climate crisis deepens, Engel-Di Mauro argues that we need to re-evaluate the environmental practices and policies of state socialism, especially as they had more environmentally beneficial than destructive effects. Rather than dismissing state socialism's heritage out of hand, we should reclaim it for contemporary eco-socialist ends. By means of a comparative and multiple-scaled approach, Engel-Di Mauro points to highly diverse and environmentally constructive state socialist experiences. Taking the reader from the USSR to China and Cuba, this is a fiery and contentious look at what worked, what didn't, and how we can move towards an eco-socialist future.

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.

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.

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.

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.

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.

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.

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.

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.

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.

When thirteen machine shop workers from Ohio won a $295.7 million lotto jackpot, the largest ever, it made headlines. But the real story is that the lottery is a losing proposition for the vast majority who play it.

Hitting the Lottery Jackpot provides the hard truth to the questions everybody asks: What are my chances of winning? Doesn't the money go to education? Isn't it harmless? This concise book explains who really profits from lotteries-advertising agencies, TV stations, and ticket vendors-and that shows only about half the money wagered is returned as prizes, the rest pocketed by state governments. Hitting the Lottery Jackpot also demonstrates who loses: lower-income groups and people of color, who spend a much higher percentage of their income on lotteries than others.

David Nibert connects the rise of lotteries, illegal in every state before the 1960s, to the economic stagnation beginning in the 1970s, when budgetary crises prompted legislatures to seek new revenues. Difficult economic times produced uncertainty and anxiety for the working class, leading many poor and middle-income people, yearning for security, to throw away huge sums on lotteries they stand almost no chance of winning. Finally, Nibert explores the ideological dimensions of the lottery-the get-rich-quick individualism that they promote among the very groups who would be better served by political action and solidarity.

Hitting the Lottery Jackpot is a powerful case for seeing lotteries as a pernicious government tax on the poor, seductively disguised as fun.

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."