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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
When Abraham Lincoln was sworn into office, seven slave states had preemptively seceded rather than recognize the legitimacy of his election. In his first inaugural address on March 4, 1861, Lincoln replied to the secessionists and set forth a principled defense of majority rule as “the only true sovereign of a free people.†His immediate purpose was to argue against the legitimacy of a powerful minority forcibly partitioning the United States because it was dissatisfied with the results of a free, constitutionally conducted election. His wider purpose was to make the case that a deliberate, constitutionally checked majority, though by no means infallible, was the appropriate ultimate authority not only on routine political questions but even on the kind of difficult, deeply divisive questions—like the future of slavery—that could otherwise trigger violent contests.Sovereign of a Free People examines Lincoln’s defense of majority rule, his understanding of its capabilities and limitations, and his hope that slavery could be peacefully and gradually extinguished through the action of a committed national majority. James Read argues that Lincoln offered an innovative account of the interplay between majorities and minorities in the context of crosscutting issues and shifting public opinion. This story is particularly timely today as a new minority of dissatisfied voters has threatened and enacted violence in response to a valid election. Read offers the first book focused on Lincoln’s understanding of majority rule. He also highlights the similarities and differences between the threats to American democracy in Lincoln’s time and in our own. Sovereign of a Free People challenges common assumptions about what caused the Civil War, takes seriously the alternative path of a peaceful, democratic abolition of slavery in the United States, and offers a fresh treatment of Lincoln and race.
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.
Watch Andraž Zidar briefly discussing international hegemony and constitutionalism and his book, here. Two dominant trends in today’s world are hegemony and constitutionalism. The attitude of greater states or regional blocks, such as the US, Russia, China and the EU, represents hegemony. In parallel, constitutionalism is getting stronger through international organizations, international adjudicatory bodies and ‘higher norms’ of international law. While these processes represent a move away from the Westphalian inter-state logic, they also juxtapose hegemony and constitutionalism to each other. A detailed look reveals that the two phenomena are intertwined in the sense of the antinomy. To shed more light on their complex relationship, the book surveys hegemony and constitutionalism in the field of international law. It focuses on hegemo-constitutional intersections with regard to international organizations, intervention on humanitarian grounds and international adjudication. Concrete and practical examples provide incremental developments hinting at a new structure of the world community. The World Community between Hegemony and Constitutionalism will be of interest to those captivated by the current state of play in the world, in particular from the perspective of international law, constitutional law, international relations and political science.
This book provides a detailed examination of the life and legal legacy of Supreme Court Justice Thurgood Marshall, including a discussion of the many legal cases in which he was involved. Thurgood Marshall was the first African American Supreme Court Justice. As a lawyer, he won the Supreme Court Case Brown v. Board of Education of Topeka that integrated all public schools in the United States. But Marshall's contributions extend far beyond significantly advancing the civil rights movement in this nation. Thurgood Marshall: A Biography discusses the life of Supreme Court Justice Thurgood Marshall in a chronological fashion, and then discusses his legacy after death. Students at all grade levels-including undergraduate and graduate college students-as well as historians and general readers interested in African American history , civil rights, or the U.S. legal system will find this book insightful and useful. A chronological timeline of the life of Thurgood Marshall A bibliography provides useful references
What institutional arrangements should a well-functioning
constitutional democracy have?
The United States and her allies have found themselves plunged into 'a war over [humanity's] future social and political organization' with criminal challengers to the nation-state form. These new wars are currently being fought globally with Al Qaeda, in Iraq with shifting coalitions of criminal gangs, insurgents, and Jihadi groups and throughout the Americas with the Maras (the first group of 3rd GEN Gangs to emerge). More new wars are poised to develop and the on-going ones are far from over, with more attacks upon the homelands of the US and her allies expected. This cutting edge book looks initially at the theoretical and legal side of criminal-state and criminal-soldier emergence and growth, before focusing on criminal-states and criminal-soldiers themselves, with particular attention paid to Al Qaeda, Hizballah, Mara Salvatrucha (MS 13), Caliphate and Mahdi concerns, Islamic Fundamentalist Use of Beheadings, Criminalization of Russian State Security, Nuclear Materials Trafficking, and Outlaw Private Security Firms. With the contributions from international experts, this book makes for critical reading for political scientists and criminal justice students and researchers, policy makers, and military and law enforcement practitioners. This book was previously published as a special issue of Global Crime.
The United States and her allies have found themselves plunged into 'a war over [humanity's] future social and political organization' with criminal challengers to the nation-state form. These new wars are currently being fought globally with Al Qaeda, in Iraq with shifting coalitions of criminal gangs, insurgents, and Jihadi groups and throughout the Americas with the Maras (the first group of 3rd GEN Gangs to emerge). More new wars are poised to develop and the on-going ones are far from over, with more attacks upon the homelands of the US and her allies expected. This cutting edge book looks initially at the theoretical and legal side of criminal-state and criminal-soldier emergence and growth, before focusing on criminal-states and criminal-soldiers themselves, with particular attention paid to Al Qaeda, Hizballah, Mara Salvatrucha (MS 13), Caliphate and Mahdi concerns, Islamic Fundamentalist Use of Beheadings, Criminalization of Russian State Security, Nuclear Materials Trafficking, and Outlaw Private Security Firms. With the contributions from international experts, this book makes for critical reading for political scientists and criminal justice students and researchers, policy makers, and military and law enforcement practitioners. This book was previously published as a special issue of Global Crime.
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.
Translated by C.E.Detmold. With an Introduction by Lucille Margaret Kekewich. Written in 1513 for the Medici, following their return to power in Florence, The Prince is a handbook on ruling and the exercise of power. It remains as relevant today as it was in the sixteenth century. Widely quoted in the Press and in academic publications, The Prince has direct relevance to the issues of business and corporate governance confronting global corporations as they enter a new millennium. Much of what Machiavelli wrote has become the common currency of realpolitik, yet still his ideas retain the power to shock and annoy. In the words of Norman Stone, The Prince is 'a manual of man-management that would suit a great many parts of the modern world'.
Ever since World War II, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds. The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.
"The Decline and Fall of the Supreme Court" examines the contemporary work of the U.S. Supreme Court and the advice and consent role of the Senate with regard to nominees to the Court. After presenting historical background on the intentions of the federalists and 20th-century jurisprudence, the work describes the baleful effects of the recent theory known as legal realism. The author examines the most dramatic of those effects--the polarized, polarizing, and partisan confirmation hearings with which the United States has become familiar--beginning with Abe Fortas and culminating with Robert Bork and Clarence Thomas. This study will be of interest to scholars and laypeople in American history, political science, and law.
Since her political independence from the British government in
1960, Nigeria has gone through different phases in the effort to
develop the corporate sector. The intention was to drive the
economy through corporate enterprises; however, the absence of
effective corporate governance structure and conducive investment
environment has no doubt been a source of concern for investors and
successive governments. Meticulously researched and organized, this book takes the
global view on corporate governance to provide insight into the
corporate governance conundrum in Nigeria. Against the background
of international standard, Author, Olusola A. Akinpelu proposes a
number of reforms to the existing governance structure and delves
into the history of corporate development from the 1960s through
the present. In addition, Akinpelu offers an in-depth analysis of the
philosophical foundations for corporate governance and compiles the
theories, models, statutes, reforms, international standards,
guidelines, and legal cases on corporate governance in the United
Kingdom, Germany, the United States of America, and elsewhere to
show how no country is completely immune from corporate
collapse. A timely work, "Corporate Governance Framework in Nigeria" will
interest students of business economics, business law, legal
practitioners, and researchers in the field of corporate
governance.
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Drawing on three months of research in Westminster, and over forty-five interviews, this book focuses on the everyday practices of Members of Parliament and officials to reveal how parliamentarians perform their scrutiny roles. Some MPs become specialists while others act as lone wolves; some are there to try to defend their party while others want to learn about policy. Amongst these different styles, chairs of committees have to try to reconcile these interpretations and either act as committee-orientated catalysts or attempt to impose order as leadership-orientated chieftains. All of this pushes and pulls scrutiny in competing directions, and tells us that accountability depends on individual beliefs, everyday practices and the negotiation of dilemmas. In this way, MPs and officials create a drama or spectacle of accountability and use their performance on the parliamentary stage to hold government to account. -- .
Environmentalists want industrialized nations to reduce the emission of greenhouse gases that warm the atmosphere. For more than twenty years, however, their pleas have been mostly ignored. Naval architects and ship designers can play a critical role in reducing greenhouse gases by designing effi cient ships that are safe and environment friendly. New innovations would enhance fuel effi ciency and encourage other industries to adopt new ways of thinking. Ship designers are already working to develop a ship that is safe, effi cient and ecologically friendly. Discover why these efforts are so important, and also learn the following: Ways a realistic and practical carbon dioxide index for ships can be established How much pollution commercial ships cause How safety concerns and other variables affect ship design What new designs could mean for the environment There is a great deal of uncertainty about why climates are changing, but this does not mean theories revolving around global warming are wrong. Discover new approaches to solve the problem, and take steps to understand the stakes involved with Global Climate Change and the Shipping Industry.
*Winner of the James S. Donnelly, Sr. Prize 2022* In Ireland, 2018, a constitutional ban that equated the life of a woman to the life of a fertilised embryo was overturned and abortion was finally legalised. This victory for the Irish Repeal movement set the country alight with euphoria. But, for some, the celebrations were short-lived - the new legislation turned out to be one of the most conservative in Europe. People still travel overseas for abortions and services are not yet fully commissioned in Northern Ireland. This book traces the history of the origins of the Eighth Amendment, which was drawn up in fear of a tide of liberal reforms across Europe. It draws out the lessons learned from the groundbreaking campaign in 2018, which was the culmination of a 35-year-long reproductive rights movement and an inspiring example of modern grassroots activism. It tells the story of the 'Repeal' campaign through the lens of the activists who are still fighting in a movement that is only just beginning.
When an authoritarian regime collapses, what determines whether an opposition group will form a political party, be successful in mobilizing voters, and survive or dissolve as a group in subsequent years? Based on unique field research, Alanna C. Torres-Van Antwerp examines the origins of the dramatic political arc of Egypt's Muslim Brotherhood - from winning a plurality of parliamentary seats and the presidency in the first free elections in eighty years to being ousted from office eighteen months later through a popular coup - and finds common causal factors that structured the fates of other formerly repressed opposition groups in five comparative cases. She demonstrates how the processes of party formation, electoral mobilization, and party dissolution after the ousting of an authoritarian regime were shaped by the way that regime structured the resources, incentives, and constraints available to opposition groups in the previous era.
First published in 2006. Feudalism is normally associated with eighteenth-century France only in its more bizarre survivals, as in The Marriage of Figaro, when his seigneur claims the rights to spend the first night with the bride. If feudalism menat no more in the eighteenth century than a few quaint customs that could tickle an audence at the Comedie Francaise, why did French writers attack it so furiously? The author suggests that contemporary writers saw remnants of the feudal regime as important less in themselves, than as symbols of an attitude of mind which the 'enlightened' among them would no longer tolerate. Instead of representing the ideas of the eighteenth century through the eyes of a few outstanding writers, Dr Mackrell has tried to reconstitute the intellectual climate of the ancien regime from the works of largely unknown historians, jurists, economists and others. In this way he illuminates the rich texture of eighteenth-century French thought, without which the ideas of Voltaire, Montesquieu and even Rousseau lose much of their meaning. This study breathes life into the fierce controversies that shook the Age of Reason long before the outbreak of Revolution.
This book proposes an innovative treatment of minority language policies, by looking at them as policy options that can be methodically evaluated. The author applies the analytical concepts and technical tools of policy analysis to guide the reader through a step-by-step application of notions such as effectiveness and cost-effectiveness, with particular reference to the European Charter for Regional or Minority Languages. The thrust of this book is deeply interdisciplinary, and links the evaluation exercise to sociolinguistic, political and legal considerations.
A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform. |
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