Arguments over constitutional interpretation increasingly highlight the full range of political, moral, and cultural fault lines in American society. Yet all the contending parties claim fealty to the Constitution. This volume brings together some of America's leading scholars of constitutional originalism to reflect on the nature and significance of various approaches to constitutional interpretation and controversies. Throughout the book, the contributors highlight the moral and political dimensions of constitutional interpretation. In doing so, they bring constitutional interpretation and its attendant disputes down from the clouds, showing their relationship to the concerns of the citizen. In addition to matters of interpretation, the book deals with the proper role of the judiciary in a free society, the relationship of law to politics, and the relationship of constitutional originalism to the deepest concerns of political thought and philosophy.

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.

Explores and illustrates how domestic and international factors shape the direction of democratization process with special reference to constitution making process in Turkey. Describes how all five Turkish constitutions were, by and large, the products of indigenous effort, although borrowing could be felt in certain limited areas. Argues that the constitutional reforms in the post-1983 period were the outco me of broad inter-party negotiations and agree ments as a response to the society's demands for a more democratic and liberal political system. Finally, the constitutional revisions adopted since 1995 were strongly conditioned by Turkey's hope of accession to the European Union. With these reforms, Turkey was successful in meeting the political criteria and started accession negotiations with the EU.

'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 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.

This edited collection further expands our knowledge about what comprises a successful constitution in both theory and application. Building on the research and analysis of Vincent Ostrom, who as one of America's leading scholars on constitutions has spent a lifetime writing about constitutions in America and overseas. Each essay shows how particular countries, governments, and organizations devise constitutions to reflect their visions of governance and sets of rules for their leaders. On a higher theoretical level, the contributors emphasize the importance of choosing the rules of the political game in order to determine the nature of the game itself. Extending Ostrom's intellectual quest to solve constitutional dilemmas, the scholars gathered here discuss a wide variety of issues, ranging from the problems of water scarcity and local public economies in Africa to the prospect of a new political order in the European North.

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.

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 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.

At a time of rising populism and debate about immigration, legal academic Jo Shaw sets out to review interactions between constitutions and citizenship. With examples from the political and cultural processes of countries’ worldwide, it is an incisive, accessible and urgent read for anyone interested in the boundaries of constitutions and citizenship today.

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.

Changing perceptions about the worth of African Americans and their communities. Know Your Price establishes new means of determining value of Black communities. The deliberate devaluation of Blacks and their communities, stemming from America's centuries-old history of slavery, racism, and other state-sanctioned policies like redlining have tangible, far-reaching, and negative economic and social impacts. Rejecting policies shaped by flawed perspectives, the book gives fresh insights on these impacts and provides a new value paradigm to limit them. In the book, noted educator, journalist, and scholar Andre Perry takes readers on a guided tour of five Black-majority cities whose assets and strengths are undervalued. Perry begins the tour in his hometown of Wilkinsburg, a small city east of Pittsburgh that, unlike its much larger neighbor, is struggling and failing to attract new jobs and industry. Perry gives an overview of Black-majority cities and spotlights four where he has a deep connection to Detroit, New Orleans, Birmingham and Washington, D.C. providing an intimate look at the assets residents should demand greater value from. Know Your Price demonstrates through rigorous research and thorough analysis the worth of Black people's intrinsic strengths, real property, and traditional institutions. All of these assets are means of empowerment, as Perry argues for shifting away from simplified notions of equality and moving towards maximizing equity.

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.

Attempting to provide a fully-fledged theory of enclaves and exclaves, A Theory of Enclaves covers a wide scope of regions and territories throughout the world and satisfies the need for a systematic view on enclaves. This book covers 282 enclaves, with a combined population total of approximately three million, but the importance of enclaves is much higher because of their specific status and issues raised for both the mainland states and the surrounding states: Gibraltar was disproportionately large for British-Spanish relations throughout the last three centuries, Kaliningrad managed to cause a major crisis in the EU-Russian relations in 2002-03, Tiny Ceuta and Melilla have caused tensions in Spanish-Moroccan relations for more than three centuries and have recently become visible as conflict points at the EU level, German Buesingen was subject to several complex international treaties between Germany and Switzerland. Rather than viewing each enclave as a unique case, or even as an anomaly, A Theory of Enclaves provides a systematic investigation of enclave-related political and economic issues. Rich on maps and illustrations, A Theory of Enclaves strives to comprise three facets of enclaves' existence: political, economic, and social life.

Constitutional Rights after Globalization juxtaposes the globalization of the economy and the worldwide spread of constitutional charters of rights. The shift of political authority to powerful economic actors entailed by neo-liberal globalization challenges the traditional state-centred focus of constitutional law. Contemporary debate has responded to this challenge in normative terms, whether by reinterpreting rights or redirecting their ends, e.g. to reach private actors. However, globalization undermines the liberal legalist epistemology on which these approaches rest, by positing the existence of multiple sites of legal production, (e.g. multinational corporations) beyond the state. This dynamic, between globalization and legal pluralism on one side, and rights constitutionalism on the other, provides the context for addressing the question of rights constitutionalism's counterhegemonic potential. This shows first that the interpretive and instrumental assumptions underlying constitutional adjudication are empirically suspect: constitutional law tends more to disorder than coherence, and frequently is an ineffective tool for social change. Instead, legal pluralism contends that constitutionalism's importance lies in symbolic terms as a legitimating discourse. The competing liberal and 'new' politics of definition (the latter highlighting how neoliberal values and institutions constrain political action) are contrasted to show how each advances different agenda. A comparative survey of constitutionalism's engagement with private power shows that conceiving of constitutions in the predominant liberal, legalist mode has broadly favoured hegemonic interests. It is concluded that counterhegemonic forms of constitutional discourse cannot be effected within, but only by unthinking, the dominant liberal legalist paradigm, in a manner that takes seriously all exercises of political power.

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 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.

This thoroughly researched study provides an invaluable account of Hong Kong's political evolution from its founding as a British colony to the present. Exploring the interplay between colonial, capitalist, communist, and democratic forces in shaping Hong Kong's political institutions and culture, Suzanne Pepper offers a fresh perspective on the territory's development and a gripping account of the transition from British to Chinese rule. The author carries her narrative forward through the lives of significant figures, capturing the personalities and issues central to understanding Hong Kong's political history. Bringing a balanced view to her often contentious subject, she places Hong Kong's current partisan debates between democrats and their opponents within the context of China's ongoing search for a viable political form. The book considers Beijing's increasing intervention in local affairs and focuses on the challenge for Hong Kong's democratic reformers in an environment where ultimate political power resides with the communist-led mainland government and its appointees.

This thoroughly researched study provides an invaluable account of Hong Kong's political evolution from its founding as a British colony to the present. Exploring the interplay between colonial, capitalist, communist, and democratic forces in shaping Hong Kong's political institutions and culture, Suzanne Pepper offers a fresh perspective on the territory's development and a gripping account of the transition from British to Chinese rule. The author carries her narrative forward through the lives of significant figures, capturing the personalities and issues central to understanding Hong Kong's political history. Bringing a balanced view to her often contentious subject, she places Hong Kong's current partisan debates between democrats and their opponents within the context of China's ongoing search for a viable political form. The book considers Beijing's increasing intervention in local affairs and focuses on the challenge for Hong Kong's democratic reformers in an environment where ultimate political power resides with the communist-led mainland government and its appointees.

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.