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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
"Like national identity, national days involve a process of 'othering', saying who you are, as much as who you are not. If some countries (such as Scotland and Ireland) celebrate them far more strongly than their neighbour, England, why is that? Why is there no British day? Why should near-neighbours, Sweden, Norway and Finland, have such different traditions of national remembering? What if a national day and its associations are so tied into a previous political regime that they have become an embarrassment? Germany, Italy and South Africa have undergone radical political changes in the last 60 years, and with these, complex processes of forgetting and remembering. If national days have considerable political significance, whether positive or negative, they are also of major economic worth. Just as 'heritage' is not simply a matter of history, but of markets, so 'national days' have the potential to be major icons of national tourism. "--Book cover.
This book gives a comprehensive account of the drafting of the EU
Charter in the first Convention and shows the important
contribution of this process to the constitutional development of
the European Union. By drawing on a body of empirical data from the
Convention in 1999-2000 it shows how the debates about a catalogue
of fundamental rights for the EU prior to enlargement triggered a
much wider discussion about the basis and basics of European
integration. Thus it can shed new light on the EU's ongoing search
for legitimacy.
This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.
The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.
From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognized as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
The Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a "democratic, federal state" that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens. But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.
While many books detail how senators and representatives operate in Washington, this one describes how they stay in power. The congressional elections of 1998 were the most expensive in history. Incumbency reelection rates were 98.3 percent in the House and 89.7 percent in the Senate, and this was a typical outcome after Watergate-era campaign reforms supposedly "reduced" the influence of money in politics. From the unique vantage of credible citizen-candidates who ran against congressional incumbents from Massachusetts to Hawaii during the 1990s, "Against Long Odds" tackles the question of why incumbents nearly always win. These citizen-challengers learned that the system is rigged against them. Incumbents prevail through a virtual monopoly on campaign cash, lavish congressional perks, local media and business backing, intimidation of their challengers' supporters, and sometimes outright dirty tricks. This is true for Republicans and Democrats; for conservatives, moderates, and liberals alike. This account details, as no other book has, how representatives and senators are zealous participants in a system that threatens to overturn the American traditions of free elections and the free exchange of ideas. Frustrated voters often complain that, no matter which party controls Congress, nothing ever really seems to change. Merriner and Senter explain why.
The editors of this collection bring together scholars of comparative politics, political philosophy and democratic theory to investigate the vital transformative role of dissident democratic leaders in Asia. The contributors explore the challenges and obstacles faced by leaders seeking to introduce reforms into regimes that are either imperfectly democratic or frankly hostile to democratic practices and institutions. It also examines the way leaders conduct themselves democratically in the course of their struggle and how they respond to demands to maintain democratic dissent once they succeed.
Traditionally, France has been viewed as host to a unique set of tensions between the centre and the periphery, dating back to the Revolution and beyond, which has shaped its structures of power and marked its evolution as a modern society. This survey provides an overview of those tensions between a centralising state and the constituencies challenging it, and asks whether that model can remain viable or whether it is not, in fact, undergoing a process of profound change.
This book includes eight essays which help give the reader an understanding of the legal framework of American collective bargaining. It demonstrates how and why collective bargaining has become the basic and accepted procedure in the settlement of disputes between labor and management.
Offering a unique resource for students, scholars, and citizens, this work fully explains all of the 21 enumerated powers of the U.S. Congress, from the "power of the purse" to the power to declare war. This work presents a comprehensive overview of the 21 congressional powers enumerated in the Constitution of the United States through essays that focus on each power. These informative essays introduce and explain each power individually, address its evolution from 1789 to the modern day and into the foreseeable future, and provide real-world examples of how each power has been applied through U.S. history. The comprehensive content enables an understanding of the mutually supporting interplay of all of the legislative powers in our government's system of checks and balances, and it allows readers to better appreciate how radical and daring the framers were at the Philadelphia convention in 1787. Readers will learn about Congressional powers that greatly impact modern citizens, many of which are frequently mentioned in news media due to policy struggles over budget, immigration, and national security; debates regarding the ideal size and role of government; and many others. The contributors also address questions regarding the responsibilities of the Congress, the ways in which Congress has met or failed to meet these responsibilities over the past two centuries, and what changes to congressional power may come in the future.
This book offers a work in which the author seeks to relay a treatise of his observations of life in the United States from the point of view of a first-generation immigrant. The text explores his observations on such facets of American life as politics, welfare reforms, family values, labor practices, education and other issues in the civil society.
This is a significant contribution to the worldwide discussion of political self-determination as a source of socio-cultural and political hope, conflict and confusion. Inspired by Martin Ennals, long the quietly visionary Director-General of Amnesty International, the book consists of cases and penetratingly definitive analyses, culminating in trenchant recommendations for action by world bodies. With self-determination intensely at issue so widely, from the former Yugoslavia to Kashmir to Quebec, this distinguished book by a global group of experts is particularly timely.
In Russia, as in other new federations and those undergoing constitutional reform, wealthy and politically cohesive regions can substantially alter the rules of intergovernmental relations to their benefit within the context of bilateral bargaining. The end result is institutionalized asymmetry, and potentially unstable federal structures. In this book the author explores the role of center-periphery bargaining in the stability and sustainability of post-Soviet Union Russia.
The collapse of the Napoleonic order in 1814 symbolised a victory over revolutionary principles, yet it was impossible to turn the clock back and negate the legacy of the Revolution and the Napoleonic age. Could monarchical claims for personal government be realistically reconciled with the legacy of the Revolution? This dilemma gave rise to the concept of a genuinely 'monarchical' form of political rule in Europe, which distinguished itself not only from absolutism and revolutionary constitutionalism, but also British parliamentarianism. Focusing on the genesis of 'constitutional monarchism' in the context of the French Restoration and its favourable reception in post-Napoleonic Germany, this study highlights the potential and limitations of the daring attempt to improve traditional forms of monarchical legitimacy by means of a modern representative constitution.
The linkage of development aid to the promotion of human rights, democracy and good governancewas a striking departure in the post-cold war foreign policies of Northern "donor" governments. Uniquely, this book provides a systematic and comparative investigation of policies and practices in the 1990s to promote political reform in Southern '"ecipient'"countries by four donors, the governments of Sweden, the United Kingdom and the United States, plus the European Union.The use of both carrot and stick ( that is democracy assistance and aid sanctions) is examined andsharp criticism of current practice offered.
For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In "The American State Constitutional Tradition," John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor.
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon--an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
Can policy makers achieve national security goals through economic tools? Can state conflicts be fought out in economic battlefields? How do you stabilize and rebuild a country recently defeated in military combat? Can security aims be accomplished using economic policy tools--tools short of military action? National security questions are fundamentally economic. National governments have at their disposal many economic instruments used for national security such as economic sanctions and foreign aid, international trade, international finance and efforts to attack the sources of funding for international terrorism. This book examines the economic policies at available to a head of state and addresses how best to measure the success of these tools. Detailed case studies throughout the book allow readers to understand the decision-making process and how to craft policies designed to influence specific outcomes. The book surveys policies currently used as well as those that may not be appreciated for their national security application. The first part of the book gives an overview of basic analytical tools. It examines microeconomics applied to international "actors": autocrats and leaders in democracies. The second part looks at the "arsenal" of economic tools: sanctions, aid, finance, trade, courts, etc. Case studies are examined to provide a way forward in tackling the war on terrorism. |
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