This volume analyses the ways in which the works of one of the most influential philosophers of the twentieth century, Michel Foucault, have been received and re-worked by scholars of South Asia. South Asian Governmentalities surveys the past, present, and future lives of the mutually constitutive disciplinary fields of governmentality - a concept introduced by Foucault himself - and South Asian studies. It aims to chart the intersection of post-structuralism and postcolonialism that has seen the latter Foucault being used to ask new questions in and of South Asia, and the experiences of post-colonies used to tease and test the utility of European philosophy beyond Europe. But it also seeks to contribute to the rich body of work on South Asian governmentalities through a critical engagement with the lecture series delivered by Foucault at the College de France from 1971 until his death in 1984, which have now become available in English.

This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d´etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past. Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.

In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.

This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.

Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.

A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how-while advancing epic revolutions and enfranchising white males-constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone-inspired by the American Civil War-devised plans for self-governing nations in West Africa; and how Japan's Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that-with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels-retells the story of constitutional government and the evolution of ideas of what it means to be modern.

There has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty - right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today's western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages - the three layers constituting the modern state - and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.

This book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe's last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones. This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Kupper's application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

Providing an in-depth and cutting-edge investigation into the rise of Asian research practices and paradigms, Mats Benner examines how this rise has been accomplished, what effects it has had, and how it has shaped universities across seven Asian countries. Broad and comprehensive, chapters analyse the research and education systems of China, Hong Kong, India, Japan, Macau, Singapore, South Korea, and Taiwan, considering how their universities operate, their models and policy priorities. Benner studies the historical, social and political causes behind the variations between these countries, before highlighting the effects of globalization on education, research and innovation. Assessing whether we are witnessing a tectonic shift in how and where education and research are carried out, the book ultimately concludes that regional disparities will remain, but that practices and priorities are becoming increasingly similar in the process of globalization. With Asia showing an increasingly marked presence in research and in scientific and technological capability, this timely book will be invaluable to university policy makers looking to innovate their education and research models, alongside students and scholars interested in Asian development, innovation and technology.

The state remains as important to Russia's prospects as ever. This is so not only because, as in any society, an effectively functioning state administration is necessary to the proper functioning of a complex economy and legal system, but also because, in Russian circumstances, factors of economic geography tend to increase costs of production compared to the rest of the world. These mutually reinforcing factors include: the extreme severity of the climate, the immense distances to be covered, the dislocation between (European) population centers and (Siberian) natural resource centers, and the inevitable predominance of relatively costly land transportation over sea-borne transportation. As a result, it is questionable whether Russia can exist as a world civilization under predominantly liberal economic circumstances: in a unified liberal global capital market, large-scale private direct capital investment will not be directed to massive, outdoor infrastructure projects typical of state investment in the Soviet period.

This innovative Handbook offers a new perspective on the cutting-edge conceptual advances that have shaped - and continue to shape - the field of intervention and statebuilding. Bringing together leading global scholars, the Handbook on Intervention and Statebuilding offers a cross-cutting perspective on a wide array of themes. Chapters cover democracy promotion, transitional justice and humanitarianism, as well as the involvement of drones and cyber technology in conflicts. Employing state-of-the-art perspectives on the most crucial themes, this Handbook explores issues at the heart of contemporary statebuilding. This Handbook will be critical reading for researchers at all levels in the broad field of international relations and peace and conflict studies. Upper-level students of political science will also benefit from the breadth of topics covered.

The Fifth Edition of American Politics Today is designed to show students the reality of politics today and how it connects to their own lives. New features-from chapter opening cases that address the kinds of questions students ask, to full-page graphics that illustrate key political processes-show students how politics works and why it matters. All components of the learning package-textbook, InQuizitive adaptive learning tool, and coursepack-are organized around specific chapter learning goals to ensure that students learn the nuts and bolts of American government.

In this thought-provoking book, Gunter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.

Presenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis. Discussing the growth of oligopolistic market niches in the American economy, chapters explore their causes, including the influence of "anti-antitrust" scholars on legal enforcement practices and the resulting relaxation of antitrust law. The book highlights their consequences, including the growth of monopsony and labor market concentration. Alexander Styhre uses aggregate economic equality data across the book to show that the working class in advanced economies have not been compensated for the globalization of the economy. It concludes by looking towards the long-term consequences of rising economic concentration, examining non-traditional labor contracts, new employment relations, lower entrepreneurial activities and lower labor compensation in the new corporate landscape. This informative book will be useful to students and scholars of business ethics and trust, corporate governance and organization studies. It will also be a critical read for policy makers concerned with the causes and consequences of economic inequality.

The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was-and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society-including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government. Thorough analysis by John R. Vile, recognized as one of the country's leading scholars on the U.S. Constitution In-depth and updated discussion of every constitutional article and amendment New "Questions for Reflection and Discussion" feature for every chapter Extended exploration of Supreme Court decisions of major import in shaping modern understandings of the Constitution Chronology of key events in constitutional history