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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.
Richly informed and written in an engaging style, Against Empire exposes the ruthless agenda and hidden costs of the U.S. empire today. Documenting the pretexts and lies used to justify violent intervention and maldevelopment abroad, Parenti shows how the conversion to a global economy is a victory of finance capital over democracy. As much of the world suffers unspeakable misery and the Third-Worldization of the United States accelerates, civil society is impoverished by policies that benefit rich and powerful transnational corporations and the national security state. Hard-won gains made by ordinary people are swept away.
This book reflects on the questions raised by the European Election Study 2004 whose analytical focus was on the legitimacy of EU politics after Eastern enlargement. It also assesses the dynamics and the contents of the campaign, on the determinants of the extremely low turnout in the new countries, and on the reasons of voter choice in West and East. The book also examines the first European Parliament election after the post-communist countries of Eastern Europe joined the European Union. The central question is: what has changed? Are the voters in the new member countries different and if so, why? Did the Union suffer from a loss of democratic legitimacy after Eastern enlargement? Each chapter is empirical-analytical; most are based on the post-election surveys of the group that were conducted in all but one of the 25 member countries, others focus on the results of content analyses of news media and party manifestos. This book was published as a special issue of the Journal of European Integration.
Analyzing government as the product of exchange among individuals who differ in their bargaining power, this approach shows why individuals agree to political institutions that give their governments extensive power, and why even the most powerful government benefits from constitutional rules constraining the government's power. This foundation is used to examine a wide range of government activities, including its protection of rights, its military activities and democratic political institutions. Randall G. Holcombe is the author of Public Finance and the Political Process, An Economic Analysis of Democracy, Public Sector Economics and Economic Models and Methodology.
Which Asian presidents are 'stronger' in terms of their constitutional and partisan authorities? How do they use these authorities to advance their policy agendas vis-a-vis the assemblies? This book answers these questions and is one of the first and most comprehensive analyses of Asia's presidential and semi-presidential democracies. To develop a baseline, it measures the 'strength' of the Asian presidents with regards to their constitutional and partisan powers. Using this two-dimensional strength measure as a common framework, country study chapters on Afghanistan, Indonesia, the Philippines, South Korea, Sri Lanka, and Taiwan analyze how their constitutional and partisan powers are used in actual policy-making processes. The book situates the Asian presidential/semi-presidential democracies in a comparative perspective, and at the same time offers in-depth analyses about how the executive and the legislature interact in practice in countries under study. The book should be of interest to scholars of Asian politics, as well as comparativists who study political institutions, presidentialism, party systems, and constitutions.
Book 1 of Plato's Republic is often treated as a merely negative prelude to the theory of justice presented in the main body of that book. This study argues that, though an introduction to later ideas, Book 1 has its own positive theme and function: to press for the acceptance of a certain perspective on justice that is opposed to conventional interpretations of it. This perspective requires that justice be seen as 'internal' to the power human beings have to render things (including themselves and their societies) good. The analysis of Plato's dramatic characterisation, as well as the discussion of Socrates' arguments, is guided by the thought that they form aspects of a complex overall strategy through which Plato hopes to overcome the resistance of his contemporaries to the 'Socratic' perspective on justice.
Africa represents the next frontier of the transnational politics of democratization. Recent efforts to promote human rights and democracy have yielded a mixed record of success. A comparison of regime change in Kenya and Uganda reveals how principled interventions have unintentional adverse effects on the democratic reform process. Persistent external efforts compromise the independence of domestic allies and strengthen those resisting democratic reforms. Domestic activists must carefully weigh the short-term benefits of transnational support against the harm it may cause.
For over forty years the European Community has been taking shape and developing its foundations to become the European Union. This book is a collection of pragmatic ideas and experience about the Europe of the future as seen by a citizen who is heavily involved in its construction. In this book, Mr Baron raises critical questions about the future needs and challenges of the Union, including a single currency, common citizenship, a foreign and security policy, enlargement to the east and the great issue of employment and welfare.
The recent debate about biopolitics in International Relations (IR) theory may well prove to be one of the most provocative and rewarding engagements with the concept of power in the history of the discipline. Building on Foucault's arguments concerning the role played by the concept of security in 19th-century liberal government, numerous IR scholars are now arguing for the relevance of his theories of biopolitics and governmentality for understanding the Global War on Terror (GWOT) and broader issues of security and governance in the post 9/11 world. Conversely, others have criticized this idea. Marxist and Communitarian scholars have challenged the notion that the category of biopolitics can be 'scaled' up to the level of international relations with any analytical precision. This edited volume covers these debates in IR with a series of critical engagements with Foucault's own thought and its increasing relevance for understanding international relations in the post 9/11 world. This book was based on a special issue of Global Society.
The U.S. Attorney General is forever caught between competing demands: on one side, his political duties as cabinet appointee and adviser to the president; on the other, his quasi-judicial responsibilities as chief law officer of the nation. In theory the two sets of responsibilities coexist peacefully. In reality they often clash. "In Conflicting Loyalties," political scientist Nancy Baker provides the first comprehensive analysis of the history and structure of the office of the U.S. Attorney General, an office that legal scholars have described as "schizophrenic." Her study documents how they have differed in their responses, seeing themselves either as advocates of the president or as neutral expounders of the law. Combining historical analysis with legal and political theory, Baker shows how this implicit conflict has evolved from the earliest days of the Republic, when the attorney general was primarily an adviser, to the present day, when he administers the huge bureaucracy of the Department of Justice. Using both archival materials and personal interviews, Baker analyzes how the seventy-five men who have held the post of attorney general have managed the conflict of loyalties. In particular, she focuses on Robert Kennedy, Edwin Meese, Elliot Richardson, Griffin Bell, Robert Jackson, Edward Levi, A. Mitchell Palmer, and Roger Taney. She also examines how the office has been affected by scandals in various administrations, including the Red scare of 1919-20, Teapot Dome, Watergate, and Iran-Contra. The book concludes with an exploration of arguments for reforming the office.
This reissued work, originally published in 1985, is a uniquely broad and original survey of theories and beliefs about the growth, behaviour, performance and reform of the governments of modern Western democracies. After analysing the external pressures which have shaped modern governments, the author examines four different schools of political thought which seek to explain the behaviour and performance of governments, and which offer different remedies for the pluralism, corporatism and bureaucracy. To examine and test these general theories, the author looks closely at how governments actually work. The book is illustrated with examples drawn from various Western societies. The final chapters present the authora (TM)s own conclusion about the future role of government, the limits of market philosophy, the future of politics, and the principles and problems of institutional reform.
This book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)'s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU's relations with the rest of the world. The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify. With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood. This book was published as a special issue of the Journal of European Integration.
Since the beginning of the European Community students of international politics and of international, resp. Constitutional law, have been wondering what kind of animal it is, and will be, once integration has been completed. Whereas the EC Treaty of 1957 stressed the economic aspects and envisioned a steady and dynamic progress towards a Single Market, it was conspicuously silent about the political implications of integration and the new democratic order. What is needed, so the author argues in this powerful and original contribution to the debate on democratisation of the European Union, is a flexible system that supplements the European decision-making process with various direct democratic instruments such as the use of referenda. These would serve to increase the accountability of the politicians without demanding or requiring a definitive resolution of the exact constitutional status of the Union.
Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state - despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.
This book examines the history of nation-building during the era of decolonization and the Cold War, and on the more recent post-Cold War and post-9/11 pursuit of nation-building in what have become known as 'collapsed' or 'failed' states. In the post-Cold War and post-9/11 era nation-building, or what is increasingly termed state-building, has taken on renewed salience, making it more important than ever to set the idea and practice of nation-building in historical perspective. Focusing on both historical and contemporary examples, the contributors explore a number of important themes that relate to 'successful' and 'unsuccessful' nation-building efforts from South Vietnam in the 1950s and 1960s to East Timor, Afghanistan and Iraq in the twenty-first century. From Nation-Building to State-Building was previously published as a special issue of Third World Quarterly and will be of interest to students and scholars of comparative politics and peace studies.
The moral justification for government is, that it is needed to promote the community's interest. What is that interest an interest in? Upon what basis can disagreements about the community's interest and individual interests be reconciled? Can democracy enable dissatisfaction with their reconciliation to be lived with? Perhaps, if people are prepared to meet the requirements of democratic citizenship. What are these requirements, and what is their justification? These are the questions with which this book is concerned.
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