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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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.
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.
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 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.
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 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 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.
For 800 years, Magna Carta has inspired those prepared to face torture, imprisonment and even death in the fight against tyranny. But the belief that the Great Charter gave us such freedoms as democracy, trial by jury and equality beneath the law has its roots in myth. Back in 1215, when King John was forced to issue Magna Carta, it was regarded as little more than a stalling tactic in the bloody conflict between monarch and barons. Here, Derek J. Taylor embarks on a mission to uncover the 'golden thread of truth' that runs through the story of the Great Charter. On a journey through space and time, he takes us from the palaces and villages of medieval England, through the castles and towns of France and the Middle East, to the United States of the twenty-first century. Along the way, the characters who gave birth to the Charter, and those who later fought in its name, are brought to life at the places where they lived, struggled and died. As he discovers, the real history of Magna Carta is far more engaging, exciting and surprising than any simple fairy tale of good defeating evil.
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.
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.
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."
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.
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.
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.
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.
This book explores China's perspective on sovereignty. The concept of sovereignty is universal, however, the understanding of it varies in different states and due to cultural backgrounds, history or the composition of ethnic groups. In order to comprehend China's current perspective on sovereignty, the author connects Chinese historical ideas with the current international society. She locates misunderstandings of China's past and present which could cause misjudgment of China's perspective on sovereignty. Hence, the author analyzes China's imperial history concerning sovereignty and foreign policies. She surveys the cultural, political, administrative and legal roots of the ancient empires because of their great influence on its current political arrangements. In addition, the study examines the divergence between the European and Chinese understanding on human rights.
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.
The Trump presidency alone is a topic of considerable public discussion and debate. Yet, Donald Trump signals much more than the behavior of a single person. He is a symptom and not the sole cause a greater malaise gripping the republic. Albert P. Melone argues that the Trump phenomenon is an instance of the rise of mass society and the decline of pluralist democracy. He points out that yesteryear's Madisonian pluralist paradigm of democracy no longer aptly describes and explains the American political world as it now exists. By substituting the conceptual framework of mass society for the pluralism model, the author points the way to a more powerful and convincing explanation of the Trump phenomenon.
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.
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.
This book analyses the relation between state and religion in Indonesia, considering both the philosophical underpinning of government intervention on religious life but also cases and regulations related to religious affairs in Indonesia. Examining state regulation of religious affairs, it focuses on understanding its origin, history and consequences on citizens' religious life in modern Indonesia, arguing that while Indonesian constitutions have preserved religious freedom, they have also tended to construct wide-ranging discretionary powers in the government to control religious life and oversee religious freedom. Over more than four decades, Indonesian governments have constructed a variety of policies on religion based on constitutional legacies interpreted in the light of the norms and values of the existing religious majority group. A cutting edge examination of the tension between religious order and harmony on one hand, and protecting religious freedom for all on the other, this book offers a cutting edge study of how the history of regulating religion has been about the constant negotiation for the boundaries of authority between the state and the religious majority group.
Living Without Domination defends the bold claim that humans can organise themselves to live peacefully and prosperously together in an anarchist utopia. Clark refutes errors about what anarchism is, about utopianism, and about human sociability and its history. He then develops an analysis of natural human social activity which places anarchy in the real landscape of sociability, along with more familiar possibilities including states and slavery. The book is distinctive in bringing the rigour of analytic political philosophy to anarchism, which is all too often dismissed out of hand or skated over in popular history.
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." |
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