This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

Barely a week goes by without another government U-turn and with the cost of living crisis and rising mortgage rates we really need those in charge to get it right. In this timely book Cambridge Professor Dennis C. Grube explores the pitfalls, failures and successes of those in power around the world. 'A must-read' - Sebastian Payne 'Convincing' - David Lammy MP We live in an era when we really need governments to be effective - the economy, our health and the future of the planet are at stake - but so often they can seem clueless, and their decisions leave us confused. With insight and wit, Grube explains how governments can improve their decision-making and by examining fascinating case studies he highlights the key factors that make for effective government. With the stakes higher than ever before, this original and important book is an essential read for any concerned citizen who wants to understand why governments make the wrong decisions and, crucially, what can be done about it. 'Highly original and very entertaining' - Gavin Esler 'There is a real gap for this book' - Isabel Hardman

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution's Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment's promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court's ultimate decisions in these cases.

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. Professor Adams combines a European perspective and a thorough knowledge of the antecedents of 1787 to create an insightful analysis of the replacement by the revolutionary generation of one government by another by-they thought-"constitutional" means. Acting for "the people" in 11 of the 13 rebelling states, various kinds of self-empowered committees, "congresses," or "conventions" created new constitutions and a system in which the states dominated over the weaker Confederation government. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the "republicanism over liberalism" thesis against political ideas and institutional arrangements that constitute the first state constitutions. The bibliography has been updated to include the rich body of work written during the last two decades, much of it indebted to this pioneering study.

Providing documentary history of the idea of sovereignty from classical theory to the global age, the diachronic perspective of this work illuminates the characteristic feature of modern sovereignty: the anthropomorphism of nations. The synchronic perspective describes conflicting elements within the history of sovereignty by identifying its encounter with nationalism and constitutionalism. The historical examination of sovereignty leads the author to conclude that the recent transformation of the principle of sovereignty can be understood in the context of new international constitutionalism.

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

In America, women are the clear majority of the electorate and the clear minority of elected officials overall. In 1997, women held only 21% of the seats at the state legislative level. This study finds that a significant and overlooked culprit acting to limit women's state legislative candidacies is the political party elite. Surveys of county party chairs and potential women legislative candidates were used to investigate the interaction between party leaders and women candidates and to assess its importance in the women's candidacy equation. The vast majority of potential women candidates did, in fact, respond that their parties discriminated against women candidates.

Why would party leaders harbor bias against women? Party leader survey responses are consistent with the notion that most leaders are subject to the outgroup effect, which in essence means they prefer candidates in their own image. Since most party leaders are men, this encourages them to value male candidates and doubt the merits of female candidates. The findings suggest that this bias against women is most likely to occur where chairs have greater decision-making power and where chairs are leading the parties in less competititve districts. The existence of outgroup-motivated bias from party chairs is estimated to reduce the number of women state legislative nominees by one-third. Scholars interested in women in politics, political parties and recruitment, legislative elections, social psychology, and political psychology will find this book useful.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.

Justice in the U.S. is a sequel to Human Rights: Beyond the Liberal Vision, and the second in a trilogy on human rights. The Bill of Rights of the U.S. Constitution explicitly clarifies the personal political and civil rights of persons, and by court interpretation, the rights of corporations. Yet in the twentieth century, following World War II, most world leaders reached the conclusion that political and civil rights were not sufficient and they had to be supplemented with additional rights that would protect their citizens and create more robust societies. By the end of the century, most countries had amended their constitutions to include many other rights, notably those pertaining to social security, health care, housing, decent jobs, women, minorities, cultural and language rights, and environmental protections. This amounted to nothing less than a worldwide constitutional revolution, but it has gone largely unnoticed in the United States. In this volume, the authors compare the constitutional provisions of different nation-states and summarize some of the relevant United Nations' human rights declarations and treaties. To encourage US citizens to think critically about their Constitution in light of the constitutions of other states, the authors present a draft revision of the U.S. Constitution. Of course, revision of the Constitution must be a comprehensively a democratic process, and the authors wish to show how this process might begin.

Andreas Anter reconstructs Max Weber's fragmentary theory of the modern state showing its relationship to contemporary theories and its significance for today's political science. The book consists of six chapters: The first analyses Weber's concept of the state, the second relates the theory of the state to the sociology of rule and domination, the third and fourth discuss Weber's hermeneutics and his doctrine of value-judgements, the fifth deals with the history of the modern state, and the final chapter focuses on Weber's metaphor of the state as 'machine'. Anter reveals the ambivalence of Weber's political thought: the oscillation between an etatiste position, mainly oriented to the reason of state, and an individualistic one, focussed on the freedom of individuals. He shows how much worse off we would be without Weber's theory, not at least by indicating its impact upon later authors.

By comparing the importance of representative democracy to the EU as enshrined in the Lisbon Treaty with the political systems in the EU's newest member states, this study explores whether representative democracy can really exist in an enlarged EU and explores the constraints and opportunities for political parties operating the in the EU.

From Walt Whitman's "genius of America"-a common person-comes an uncommon analysis of an American tragedy; the failure of its political system to produce government that truly governs, not simply rules.

Average Americans increasingly are losing faith in our attenuating political parties. It doesn't seem to matter which party holds the reins of power, there's no difference in results. The status quo is locked in place, though America generally expresses dissatisfaction. The consequence: Political Independents-increasing numbers of political Independents. Many people say the American Dream is no longer attainable. As an expression of lack of confidence in government, that's crystal clear; as a verdict on the ability of our political system to deliver good, effective government, that's unacceptable. "The Gathering of the Clan" explores the need for change in politics and shares innovative constructs to revitalize our two-party system. Thomas Richard Harry tackles the whos, whats, and whys of such issues as: Connection between public perception and the phenomenon of political Independents Roles of government and those who govern Values and ideologies and how they affect us individually and collectively Philosophical gorge between democracy and capitalism Fading relationship between political trust and political loyalty

This book explores the inter-relationship between the President and the Bureaucratic establishment in the United States. It begins with an examination of the office of the Presidency and various theories on Leadership and Presidential power. The American System is unique among democratic societies in terms of the number of constraints on the Executive, especially in domestic policies. These include, Separation of Powers, Federalism, Weak Political Parties and a culture that is skeptical of authority. The Three major theories that are presented are Transactional, Authoritarian and Transformational. Each is presented and its applicability to the American System is analyzed and evaluated. The book then moves to what is commonly referred to as The Politics of Bureaucracy. In this section, the role and inter-relationship of Interest Groups, Congressional Sub-Committees and Bureaus is explicated. It is very difficult for a President to successfully challenge when there is agreement among its constituent members. This arrangement is often referred to as Iron Triangles. Presidents are rarely successful when they challenge these Iron Triangles. He either loses or must expend tremendous political resources to prevail. This work investigates how bureaucracies use not only their own material political resources but also develop Ideologies that allow them to compete in the area of values and ideas. Ideologies provide deeply ingrained emotional support among the citizens and other political leaders that allows these bureaus to compete with the President and other political actors in the arena of ideas for predominance in their policy area. Bureaus utilize both material and ideological techniques in three area of interaction, namely: Advice, Implementation and Propaganda. Each of these areas provides bureaus with ample opportunity to not only defend their interest but often to expand their political power. Each bureau has its unique strengths and weaknesses to explo

This book describes what the authors identify as an emerging political crisis in U.S. politics: the possible winning of the presidency by a candidate with far fewer votes than his or her opponent. David W. Abbott and James P. Levine stress both the irrationality and peculiar nature of the current electoral system, emphasizing recent and current political developments. On the basis of their computer analysis of past elections and modern political realities, the authors predict that within twenty years it is very likely that the United States will produce a wrong winner. In explaining how this phenomenon could occur, Abbott and Levine introduce the concept of the wasted vote; winning lopsided majorities in states is worth no more than winning states by one vote, due to the antiquated winner-take-all principle.

The book gives a brief historical overview of the electoral college and the structure of the existing electoral system. In addition to a detailed discussion of the wrong winner problem, the authors also explain that if no candidate gets a majority of votes in the electoral college because of the presence of a third party candidate, the House of Representatives must choose the president under an odd set of ground rules. This creates the potential for all kinds of nefarious political shenanigans. The authors conclude that the only satisfactory solution to the electoral systeM's shortcomings is the total abolition of the electoral college and a shift to direct election of the president by the people. "Wrong Winner" will be an excellent supplementary text in American Government, Parties, Voting, and Public Choice courses. It will also be of interest to political professionals, journalists, and political scientists.

Current international discourse on the new state of South Sudan seems fixated on the "state construction." This book aims to broaden the debate by examining the character of regulatory authority in South Sudan's borderlands in both contemporary and historical perspective. The contributions gathered here show that emerging border governance practices challenge the bounded categorization of "state" and "non-state," especially in the complex interactions between state, military, and business actors and power structures. It thus provides a timely and sophisticated contribution to the literature on African borderlands, examining a new state in creation at its borders, and providing an anthropologically and historically informed view of a rapidly evolving situation.

It is the rare reorganization that has a substantial impact on the output of affected agencies or on the delivery of public services. Empirical evidence in Federal Narcotics Enforcement sheds new light on both the history and politics of American drug enforcement efforts and the reasons behind the generally dismal record of large-scale government reorganization. This book demonstrates how the objectives of reorganization in the drug enforcement area failed and extends the lesson of failure to show that more substantive planning and operational level changes are required for real improvement.

When the Berlin Wall fell, so did the East German communist regime. Then began the complex task of creating a single German state. This work is a readable and informative narrative written for high school and college students and the general public. A series of essays presents the social and political forces that shaped the 1989 revolution and the political decisions of both Eastern and Western Germans in the twelve hectic months before unification in 1990. Following a timeline of events, a narrative historical overview places the revolution in the context of post-World War II German history. Other topical essays address the effect of mass emigration from East to West Germany, the role of the Protestant clergy in the revolution, foreign reactions to the revolution, the social and economic effects of unification, and an assessment of the future of a united Germany and its position in the European community. Ready-reference features include biographical essays on key individuals, the text of key primary documents relating to the revolution and unification, a glossary of terms, and an annotated bibliography.

Richard Leiby, who teaches German history at Rosemont College, uses both primary and secondary sources to examine the background, sequence of events, and assessment of German unification in a readable narrative for students and interested readers. The text of primary documents and the biographical sketches drawn from both English sources and German sources in English translation will help students to understand the positions of those involved. This work is ideal for student research and understanding of recent German and European affairs.

This book examines the frequency, causes and management of divided government in comparative context, identifying the similarities and differences between the various experiences of this increasingly frequent form of government. The countries studied include Denmark, Ecuador, Finland, France, Germany, Ireland, Italy, Mexico, Norway, Poland, and the US.

This edited volume compares the internal dimension, politics and society in Kurdistan-Iraq and Palestine. In particular, it focuses on internal processes in Kurdistan-Iraq and Palestine (Palestinian Territory of the West Bank and Gaza Strip) in their specific shaping, development and transformation. The contributing authors analyze the transformation processes of the internal power structures, the economic basics, and the civil societies and provide an overview of the current political, economic and societal situation and challenges in both regions. The book presents the similarities and differences between both de facto states with regard to a set of guidelines: legitimacy, power relations, transformation of politics and society. It provides empirical explanations and contributes to a better understanding of both de facto states.

With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings-of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.

"Democratic constitutional engineering is tricky, yet consequential, nowadays more than ever. I can hardly think of a better proof of this double assertion than the one provided by the latest book by Giovanni Sartori, possibly the most astute and passionate student of constitutional engineering . . . Mine is an invitation to read the book, indeed to unwrap and savor it. Rarely has constitutional engineering been more salient to the future of expanding democracy."
--G. DiPalma, "The Review of Politics"

"Delightfully written, this monograph will be a staple of courses on comparative constitutional design . . . I can think of no better example of contemporary political "engineering" than this, and it is precisely this product of research that students of comparative politics must attempt."
--Peter C. Ordeshook, "Political Science Quarterly"

"Despite the seemingly endless volume of literature on democratic institutions, no text even comes close to formulating the kind of comprehensive and critical synthesis one finds in this elegant new book by Sartori."
--P. Vannicelli, "Los Angeles Monthly"

"Giovanni Sartori, internationally recognized political scientist, has written a pathbreaking, highly innovative comparative study of state building."
--"The Commentator"

"The last book of Giovanni Sartori is a beautiful work that ranks among his very best writings. It is very concise, for it deals only with essentials, and yet covers all the basics of his subject matter; and Sartori always takes a crystal-clear stand on the many controversies that he covers."
--G. Bognetti, "Il Sole/24 Ore"

The second edition of this pathbreaking, highly innovative comparative study instate-building by a major political scientist is a fully updated examination of the problems of making democratic government work.

Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances.

His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended.

He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.