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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
In recent years the agenda of how to 'deal with the past' has become a central dimension of the quality of contemporary democracies. Many years after the process of authoritarian breakdown, consolidated democracies revisit the past either symbolically or to punish the elites associated with the previous authoritarian regimes. New factors, like international environment, conditionality, party cleavages, memory cycles and commemorations or politics of apologies, do sometimes bring the past back into the political arena. This book addresses such themes by dealing with two dimensions of authoritarian legacies in Southern European democracies: repressive institutions and human rights abuses. The thrust of this book is that we should view transitional justice as part of a broader 'politics of the past': an ongoing process in which elites and society under democratic rule revise the meaning of the past in terms of what they hope to achieve in the present. This book was published as a special issue of South European Society and Politics.
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from 'We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in'The New British Constitution'.
How important is presidential personality and leadership style in foreign policy decisions? To answer this question, Thomas Preston takes readers inside the Bush administration's decision-making process and use of intelligence to better understand how administration officials justified the Iraq War-and how they sought to avoid blame for the consequences of their actions. Based on extensive interviews with key Bush and Johnson administration officials, Preston offers students of American foreign policy, presidential decision making, the dynamics of blame avoidance, and future practitioners with an in depth examination of how presidential personality and leadership style impacted Bush's central foreign policy failure. In addition, Preston looks critically at the oft-cited comparisons of Iraq to Lyndon Johnson's leadership during the Vietnam War, exploring where the analogy fits and a number of important differences. He shows how both presidents' styles exacerbated their managerial weaknesses in these cases and the limits of blame avoidance strategies. Importantly, the book provides a cautionary tale for future leaders to consider more carefully the long-term consequences of satisfying their short term policy desires by lifting the lid to any new Pandora's trap.
First published in 1965, this work studies the House of Lords and the various proposals for its reform, abolition or limitation of its powers which have been made in the light o f prevailing theories of the nature and characteristics of the English government. The work also contains a history of the theory of mixed government that arose in Tudor England and lasted until well after the Reform Act of 1832. This history both illuminates the position of the House of Lords and also provides perspective for the study of Democracy in the movement for parliamentary reform. One of the book's most original features is an extensive account of Charles I's Answer to the Nineteen Propostions, out of which came the startling new theory of the constitution, known as "mixed monarchy".
Bringing together experts on regionalism and federalism this collection explores the impact of legislative regions on parties and voters. It reflects on the 1980 publication of Small Worlds by David Elkins and Richard Simeon, which outlined how and why voters and policies differ across Canadian provinces. Using recent data, the essays in this collection provide a comparative re-examination of the impact of regions. The book explores attitude divergence in Canada and in the US, the role and impact of regional parties in Quebec, Scotland and Bavaria, the impact of multi-level governance on how citizens understand and discharge their duties and the capacity of sub-state political systems to influence general political attitudes. The result is an empirical and analytical contribution to regionalism and federalism studies that demonstrates how and why regions matter. This book was published as a special issue of Regional and Federal Studies.
This book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its performance and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites.
This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College. Next he examines the electors themselves--how they are chosen in the states and the laws relating to the obligations of electors in casting their votes. The election of the president and vice president by the House of Representatives is also examined. Finally, Hardaway discusses and analyzes the proposed reforms to the Electoral College, including those before the Congress at present. Professor Hardaway's book makes a strong case for the preservation of the federalist principles incorporated into the constitutional framers' plan for election of the president of the United States. The book richly documents its case with examples from past elections, while at the same time providing the reader with all information needed to make an independent judgment.
In Empire Versus Democracy, Carl Boggs traces the authoritarian trajectory of American politics since World War II, with emphasis on the growing concentration of corporate and military power that has accompanied the United States assumption of leading superpower on the world scene. The rise of the U.S. as unchallenged imperial nation has meant the steady expansion of a permanent war economy and security state that, working in tandem with large business interests, has led to proliferation of American armed-forces bases around the world, recurrent military interventions, swollen government bureaucracy, massive public expenditures, heavy reliance on surveillance and secrecy, and diminished resources for social infrastructure and social programs. Boggs shows that, as in the case of the Roman and other previous empires, enlargement of U.S. imperial power has resulted in a decline of civic engagement and local participation along with skewed priorities favoring the war economy and security state. Inevitably, this has meant a weakening of electoral and legislative politics, overwhelmed by the centers of enormous wealth and power. The goal of this new, unique Series is to offer readable, teachable "thinking frames" on today's social problems and social issues by leading scholars, all in short 60 page or shorter formats, and available for view on http: //routledge.customgateway.com/routledge-social-issues.html For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.
This elegant book collects the essential historical documents that laid the foundation for the United States and charted the course of the nation's growth and development. Featuring an introduction by Andrew S. Trees, this collection gives you a window into the creation of a democracy that has endured and thrived for over two hundred years. Included are: The Constitution of the United States and Bill of Rights The Declaration of Independence The Federalist Papers The Articles of Confederation Common Sense President George Washington's First Inaugural and Farewell Addresses And much more This beautifully packaged collection of the most important documents of the nation's founding makes an excellent keepsake for American history enthusiasts. The Timeless Classics series from Rock Point brings together the works of classic authors from around the world. Complete and unabridged, these elegantly designed gift editions feature luxe, patterned endpapers, ribbon markers, and foil and deboss details on vibrantly colored cases. Celebrate these beloved works of literature as true standouts in your personal library collection.
After five centuries of Eurocentrism, many people have little idea that Native American tribes still exist, or which traditions belong to what tribes. However over the past decade there has been a rising movement to accurately describe Native cultures and histories. In particular, people have begun to explore the experience of urban Indians--individuals who live in two worlds struggling to preserve traditional Native values within the context of an ever-changing modern society. In Genocide of the Mind, the experience and determination of these people is recorded in a revealing and compelling collection of essays that brings the Native American experience into the twenty-first century. Contributors include: Paula Gunn Allen, Simon Ortiz, Sherman Alexie, Leslie Marmon Silko, and Maurice Kenny, as well as emerging writers from different Indian nations.
Coverage of the Western European experience is wide-ranging in this survey of perceptions of the state, its history, and prospects in the contemporary world. The greatest post-colonial democratic state, India, is also discussed as an important comparative example. Contributions by a distinguished pan-European team of authors ensure this study's value to students and teachers of the history of ideas, political theory and European studies.
This book sheds light on the changing nature of contemporary Japan by decoding a range of political, economic and social boundaries. With a focus on the period following the inauguration of Prime Minister Koizumi Junichiro, the book grows out of a recognition that, with the Koizumi administration playing a more proactive role internationally and moving ahead with deregulation and the 'structural reform' of the economy domestically, a range of boundaries have been challenged and reinscribed. Here 'boundaries' refers to the ways in which contemporary Japan is shaped as a separate entity by the inscription and reinscription of political, economic and social space creating insiders and outsiders, both internationally and domestically. The central argument of the book is that, in order to achieve the twin goals of greater international proactivity and domestic reform, the government and other actors supporting Koizumi's new direction for Japan needed to take action in order to destabilize and reformulate a range of extant boundaries. While boundaries often remain invisible, the aim of this book is to promote an understanding of their significance by uncovering their pivotal role. Decoding Boundaries in Contemporary Japan brings together contributions from leading and emerging scholars from the UK, Japan and the United States. It will appeal to scholars and students of Japan as well as social scientists with an interest in borders and boundaries, political scientists interested in Asia.
The Constitution allows the president to Ofill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.O In Justice Takes a Recess, Scott E. Graves and Robert M. Howard address how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. They argue that these appointments can upset the separation of powers envisioned by the Framers, shifting power away from one branch of government and toward another. Examining every judicial recess appointment from 1789 to 2005, the authors discover that presidents are conditionally strategic when they unilaterally appoint federal judges during Senate recesses. Such appointments were made cautiously for most of the twentieth century, leading to a virtual moratorium for several decades, until three recent recess appointments to the courts in the face of Senate obstruction revived the controversy. These appointments suggest the beginning of a more assertive use of recess appointments in the increasingly politicized activity of staffing the federal courts. The authors argue that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch.
This book examines the history of the Fourth Amendment, which prohibits unreasonable search and seizure, and its interpretation by the Supreme Court. It concentrates on the changes in interpretation that have taken place after the Supreme Court, led by Chief Justice Earl Warren in 1961, decided in Mapp v. Ohio to apply the exclusionary rule, which makes illegally seized evidence inadmissible in court, to the actions of state governments. In The Evolution of the Fourth Amendment, Thomas N. McInnis demonstrates that prior to Mapp the Court relied on the warrant rule, which with limited exceptions emphasized the need to have a search warrant prior to a search or seizure. Due to the unhappiness that post-Warren Courts had with the application of the exclusionary rule, they reinterpreted the Fourth Amendment using the expansive language that the Warren Court had used in Fourth Amendment cases. In doing so, they broadened the government's powers to search and seize under the Fourth Amendment by developing new exceptions to the warrant rule, developing both the reasonableness approach and special needs test to the Fourth Amendment, limiting the expectations of privacy that citizens have, and narrowing those areas actually protected by the amendment. McInnis also examines how the Court has limited the effect of the exclusionary rule by reinterpreting when it needs to be applied and by creating new exceptions. The book ends by examining the emerging Fourth Amendment jurisprudence of the Roberts Court and assessing the future of the Fourth Amendment in a post-9/11 world.
This book examines the Chinese government's policies and practices for relations with the Inner Periphery areas of Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan focusing on themes of political authority, socio-cultural relations, and economic development. China's history may be seen as one of managing the geographic periphery surrounding China proper. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China. The importance of the periphery is no less real today, concerns over national security, access to natural resources, and long-held concerns about relations between Han and other ethnic groups continue to dominate Chinese law, policy and practice regarding governance in the Inner Periphery regions of Inner Mongolia, Xinjiang, and Tibet. In the Outer Periphery, Beijing sees engagement with the outside world (particularly the West) as inextricably tied to Chinese sovereignty over former foreign colonies of Hong Kong and Taiwan. Using the case study of national integration to indicate how policies are articulated and implemented through law and political-legal institutions, this book will be of interest to students and scholars of the peripheral regions. It will also appeal to academic and policy communities interested in legal reform in China
Civilization and Self-Government is the first systematic attempt to explicitly articulate the key elements of Carlo Cattaneo's pioneering attempt to advance freedom and self-government in nineteenth-century Europe. His public science combined two elements that constitute the two parts of this book: the study of incivilimento, and the art and science of self-governance. Cattaneo argued that people have to learn the arts of incivilimento before they can practice self-governance. Though a distinguishing feature of Italian political thought has been to stress the multiform nature of political rule, it was Cattaneo who first showed that it was possible, through a federal commercial republic, to harmonize and foster liberty, equality, and heterogeneity. Characteristically, he envisioned a federal commercial republic for Europe as well. Cattaneo's ideas recast, enrich, and broaden knowledge of the history of European thought beyond that generally available in English and French.This book reveals a strong affinity between Cattaneo's and Tocqueville's spirit and vision.
The authors of this engaging book discuss whether federalism promotes or undermines rights. With emerging democracies in Europe and elsewhere currently attempting to design constitutions that combine effective government, recognition of ethnic diversity within their populations, and protection of individual rights, the importance of these questions cannot be overstated. The authors examine both the theoretical perspectives on the relationship between federalism and rights, and the historical and contemporary relationship between federalism and rights in the United States. The contributors to this volume analyze the U.S. federal system as a potential model for contemporary constitution-makers as well as explore how its system can serve as a cautionary example. Sponsored by the Center for the Study of Federalism. Contributors include: Dorthy Toth Beasley; Irwin Cotler; Talbolt Dalemberte; Daniel J. Elazar; A.E. Dick Howard; Gary J. Jacobsohn; Koen Lenaerts; Jean Yarborough; Michael P. Zuckert.
This revised and enlarged edition brings the successful original volume of 1984 right up to date, taking into account the most recent developments. Each section begins with an introduction that provides the context for the following documents. There is no comparable volume of its kind available in English, and most documents have not previously been translated.
Donald Trump's New World Order addresses U.S. foreign policy initiatives during Mr. Trump's Presidency, appeasing traditional enemies such as Russia and undermining allies such as NATO and the European Union. In the book, Ambassador T. Hamid Al-Bayati outlines, region by region, policy by policy, the administration's misguided, and sometimes corrupt, initiatives and decisions, which could potentially lead to regional conflict and global war. Highlighted within the text are the administration's relationships and interactions with Russia, China, North Korea, and the Middle East, as well as within the United States. The author's critical review of Trump's foreign policy includes the impact of trade wars, military escalation, and changing global relationships, Ambassador Al-Bayati paints a stark picture of the present standing of the U.S. and a dark future that looms on the horizon. Many experts agree that Trump's foreign policy lacks coordination, consistency, and organization. Trump often contradicts himself and his supporting staff. Concerned Americans and U.S. allies struggle to find coherence in the Trump administration's foreign policy. It zigs and zags, with senior administration officials saying one thing and President Trump contradicting them without warning the next day. It punishes U.S. allies and coddles U.S. adversaries; it privileges demagogy over democracy. Mr. Trump's approach appears impulsive, improvisational and inchoate-devoid of clear purpose, values or even ideology. Ambassador Al-Bayati leaves nothing unexplored as he strives to organize and explain the current and future implications of Mr. Trump's presidency and policy.
How Trump has used the federal government to promote conservative policies The presidency of Donald Trump has been unique in many respects most obviously his flamboyant personal style and disregard for conventional niceties and factual information. But one area hasn't received as much attention as it deserves: Trump's use of the "administrative presidency," including executive orders and regulatory changes, to reverse the policies of his predecessor and advance positions that lack widespread support in Congress. This book analyzes the dynamics and unique qualities of Trump's administrative presidency in the important policy areas of health care, education, and climate change. In each of these spheres, the arrival of the Trump administration represented a hostile takeover in which White House policy goals departed sharply from the more "liberal" ideologies and objectives of key agencies, which had been embraced by the Obama administration. Three expert authors show how Trump has continued, and even expanded, the rise of executive branch power since the Reagan years. The authors intertwine this focus with an in-depth examination of how the Trump administration's hostile takeover has drastically changed key federal policies and reshaped who gets what from government in the areas of health care, education, and climate change. Readers interested in the institutions of American democracy and the nation's progress (or lack thereof) in dealing with pressing policy problems will find deep insights in this book. Of particular interest is the book's examination of how the Trump administration's actions have long-term implications for American democracy.
What exactly is happening when politicians evoke a center space beyond partisan politics to advance what are unmistakably political arguments? Drawing from an analysis of pivotal speeches surrounding Bill Clinton's 1992 presidential campaign and first term in office, Centrist Rhetoric: The Production of Political Transcendence in the Clinton Presidency takes an extended look at this question by showing how the possibility of political transcendence takes form in the rhetoric of the political center. Faced with a divided and shrinking party, and later with a pitched battle against a resurgent conservative movement, Clinton used the image of a political center, a "third way" beyond liberal and conservative orthodoxies, to advance his strategic goals, define his adversaries, and overcome key political challenges. As appeals to the center helped Clinton to achieve these advantages in specific cases, however, they also served to define the means, ends, and very essence of democracy in ambiguous and contradictory ways. Touching on controversies from the early 1990s over the future of the Democratic Party, racial identity in American politics, the threat of rightwing extremism, and the role of government, Antonio de Velasco show how centrist rhetoric's call to transcendence weaved together forms of identification and division, insight and blindness, so as to defy the conventional assessments of both Clinton's supporters and his detractors. Centrist Rhetoric thus offers general insight into the workings of political rhetoric, and a specific appreciation of Clinton's attempts to define and adjust to the political exigencies of a critical period in history of the Democratic Party and politics in the United States.
Filled with practical tools and guidelines, this book addresses an essential competence for public managers - incorporating governance and law in public administration. It links democratic constitutional values to administrative decision making and practices by stressing how public law authorizes, informs, and democratically constrains public servants in fulfilling public policies. The author addresses important aspects of governance in chapters that discuss democratic values of the rule of law, constitutional law, legislation and policy, administrative law, judicial practice, contract law, and tort law. The book also considers the practical aspects of public management (such as tax collection, benefits administration, personnel administration, and more), with application guidelines and techniques based on thorough legal grounding.
The Supreme Court Compendium is the only reference that presents historical and statistical information on every important aspect of the U.S. Supreme Court, including its history, development as an institution, the justices backgrounds, nominations, and confirmations, and the Court's relationship with the public and other governmental and judicial bodies. The newest edition of this comprehensive reference includes important new perspective on the legacy of the Rehnquist court. Readers will also find: An institutional overview of the Court's history including a chronology of important events from 1787-2006, important Congressional legislation relating to the Supreme Court, internet sites relating to law and courts, and much more Background information on all the justices such as family backgrounds, childhood environments, marital status, educational and employment histories, political experiences and trends in voting agreement The political and legal environment of the Court is presented including the success rate of the United States as a party before the Supreme Court, the rates of success of various administrative agencies, and state participation in court litigation with success rates This new edition includes more than 180 tables and charts and is updated to cover Supreme Court events through the 2005-2006 term. This reference is an invaluable resource to judicial scholars, students, and those interested in the history of the Supreme Court.
Through the essays in this volume, we see how the failure of the state becomes a moment to ruminate on the artificiality of this most modern construct, the failure of nationalism, an opportunity to dream of alternative modes of association, and the failure of sovereignty to consider the threats and possibilities of the realm of foreignness within the nation-state as within the self. The ambition of this volume is not only to complicate standing representations of Pakistan. It is take Pakistan out of the status of exceptionalism that its multiple crises have endowed upon it. By now, many scholars have written of how exile, migrancy, refugeedom, and other modes of displacement constitute modern subjectivities. The arguments made in the book say that Pakistan is no stranger to this condition of human immigrancy and therefore, can be pressed into service in helping us to understand our present condition. |
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