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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
The global financial crisis had a dramatic short-term effect on federal relations and, as the twelve case studies in this illuminating book show, set in place a new set of socio-political factors that are shaping the longer-run process of institutional change in federal systems. The Future of Federalism illustrates how an understanding of these complex dynamics is crucial to the development of policies needed for effective and sustainable federal governance in the 21st century. The book finds that growing fiscal pressures are interacting with domestic political variables to produce country specific federal dynamics. Arguably the first detailed study of the medium term impact of the financial crisis and its aftermath on federal governance, this volume highlights how growing budget pressures are contributing to increased centralisation in many federations, while in others national governments are devolving power to appease regional grievances and preserve the federal union. Contributions from leading federalism and public finance scholars test recent theoretical explanations of change in federal systems against the experiences of a diverse cross-section of federal jurisdictions. The case studies include both established federations and 'federalizing' jurisdictions, such as the UK and China, and highlights the complex dynamics which shape the evolution of federal governance Comprehensive and interdisciplinary, this timely book will appeal to students and scholars - from political science, economics and law - studying federalism, governance studies and comparative political economy. It is essential reading for public officials and policy makers interested in intergovernmental relations, public finance and budgeting and tax policy. Contributors include: J.R. Afonso, D.M. Brown, C. Colino, T.J. Conlan, L. de Mello, E. del Pino, R. Eccleston, R. Hortle, R. Jha, R. Krever, S. Lee, R. Mabugu, E. Massetti, P. Mellor, J. Schnellenbach, N. Soguel, C. Wong
To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica, and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics, and public support shape interbranch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis, and game theory.
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? New constitutions often include newer forms of rights - such as socio-economic and environmental rights - and are written with an explicitly transformative purpose. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. By engaging widespread comparative experiences from Malawi, to Colombia, Mexico to South Africa, Hungary to the United States of America, this examination of the doctrine of the separation of powers takes into account important recent changes in constitutional design and practice, including the wide-spread inclusion of socio-economic rights, the creation of independent bodies outside the traditional structure, the growth of executive power, and the crisis of legislative legitimacy. It also considers the extent to which this re-framing should be confined to the emerging democracies of the global south or whether it can be applied more widely across all constitutional systems. This comprehensive study will be of interest to academics conducting research in comparative constitutional law, students of comparative constitutional law, and constitutional and political theorists as well as constitutional judges and designers. Contributors include: D. Bilchitz, D. Bonilla, V. Jackson, R.E. Kapindu, D. Landau, F. Mohamed, J.M. Serna de la Garza, R. Uitz
Die Grondwet is die hoogste wet van die republiek en raak elke landsburger op verskeie maniere. Persoonlike regte word deur die Grondwet gewaarborg. Besonderhede oor die magte en pligte van die Parliment, die provinsiale wetgewer en plaaslike owerhede word in die Grondwet uiteengesit. In hierdie publikasie word die Grondwet in maklike taal verduidelik aan die mense vir wie dit geskryf is.
This is one of the few book-length analyses of judicial review and public policy in very different parts of the world today. Donald W. Jackson and C. Neal Tate have gathered together respected scholars and set forth a framework for comparative analysis into the origins of judicial review, its use as a policy tool, and its exercise and impact in the policy-making process. Political scientists, public policy analysts, and public administrators will find this a thought-provoking study in comparative politics and public administration and a useful classroom text. The text opens with an overview and a delineation of basic concepts and closes with a framework for analyzing the exercise of judicial review in policy making. The major part of the book offers case studies and analyses of the establishment of judicial review as a policy tool, and the impact of judicial review in various types of legal situations. These studies cover twelve countries, including the United States, Great Britain, Japan, India, Israel, and the USSR, among others. Chapter reference lists and a selected bibliography at the end of the book refer readers to current studies of importance.
The only book with exclusive analysis by the Pulitzer Prize–winning staff of The Washington Post, and the most complete and authoritative available. Read the findings of the Special Counsel’s investigation into Russian interference in the 2016 election, complete with accompanying analysis by the Post reporters who’ve covered the story from the beginning. This edition from The Washington Post/Scribner contains:
One of the most urgent and important investigations ever conducted, the Mueller inquiry focuses on Donald Trump, his presidential campaign, and Russian interference in the 2016 election, and draws on the testimony of dozens of witnesses and the work of some of the country’s most seasoned prosecutors. The special counsel’s investigation looms as a turning point in American history.
The third of four volumes comprising a biographical dictionary of state house speakers from 1911 to 1994, this book covers speakers from Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Following an insightful analytical introduction, the entries provide biographical and career information on all of the Southern speakers. The volume concludes with valuable statistical appendixes based on an exhaustive database. This book complements volumes on the West and Midwest. A volume on the Northeast is forthcoming.
In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of one of the French supreme court, the Conseil d'Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition, it just happens that this branch of French law, although created by Napoleon Bonaparte at the same time as the Code-based system, is the result of a home grown tradition constructed on precedents. Thus, even though highly technical, the cases that forms the matter of this book, are not so exotic for an English speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in details the weaving of legal reasoning : it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour's social theory since it is now possible to compare the ways legal ties build up associations with the other types of connections that he has studied in other fields of acticity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the Laboratory Life of Law.
This work examines the European Union as mandated by the Maastricht Treaty. Using both empirical and theoretical perspectives, the author reviews such timely issues as the environment and the new regionalism, the politics of policy-making in the European Union, cross-border employment issues, as well as social and cultural considerations. These are issues that take on increasing importance in an integrating Europe--for the new Euro-citizens, for the national governments, and of course, for the European Union itself. How the Community handles these issues, and the processes and politics that will develop around them, will determine the Europolity of the future and are elucidated here by a European expert.
Recognized tribes are increasingly prominent players in settler
state governance, but in the wide-ranging debates about tribal
self-governance, little has been said about tribal
self-constitution. Who are the members of tribes, and how are they
chosen? Tribes in Canada, Australia, New Zealand and the United
States are now obliged to adopt written constitutions as a
condition of recognition, and to specify the criteria used to
select members. Tribal Constitutionalism presents findings from a
comparative study of nearly eight hundred current and historic
tribal constitutions, most of which are not in the public domain.
Our Masters Have Gone Crazy Again chronicles the tenure of one of Africa's most dreaded dictators and terrorists, Ibrahim Badamasi Babangida, a.k.a, IBB. It details the political, social, and economic policies of the former ruler of Africa's most populous nation, Nigeria. A self-described "evil genius," Babangida led Nigerians through a tortuous and deceptive political and economic transition that ended in a coup d'etat. Perhaps because of his craftiness, it wasn't until the end of his military career that the dictator's ruthlessness and lust for power became obvious. This volume answers most of the unresolved questions about the man known as Maradona by Nigerians. This nickname arose from his widely known skills at cheating and diverting in the same manner as Argentinean soccer genius, Diego Maradona, who infamously cheated to earn victory over England in the 1986 World Cup. Author Abejide Olusegun examines the dictator's purported involvement in the murders of Dele Giwa, Ken Saro Wiwa, Mama Vasta, and many others, along with his frequent detention of late legal luminary, Gani Fawehinmi, and his connection to the corrupt Bank of Credit and Commerce International (BCCI). Our Masters Have Gone Crazy Again attempts answer some of the riddles surrounding IBB and raise questions about any role he may have in Nigeria's future.
Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.
The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common-they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state. With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live.
Threatened from above by economic globalization and European integration, and from below by the rise of identity politics, the French state has attempted to redefine its relationship to its citizens. Reinventing France examines the ways in which state action has endeavored to promote social integration in an increasingly fragmented nation and has challenged traditional concepts of an indivisible Republic and universal citizenship rights in order to achieve the core republican ideals of freedom, equality and solidarity.
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
"The FLOTUS Effect" emphasizes the import of agency on the part of Michelle Obama in relation to her politics as evidenced in her positionality and presence as the first African American woman to serve as First Lady of the United States of America. Her occupation of a previously white space and place tended to frame her as an enigma in the American mind and media. Contributors reflect on Mrs. Obama's eight years in her ceremonial position, and the ways she chose to uniquely embody her role. Hence, the result is a volume that speculates upon her evolving legacy, and the likely "effects" of what it meant to be the first African-American woman to serve in the ceremonial, yet powerful, role of FLOTUS.
Approaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the 'Arab Spring'. Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a 'theory of revolutions' that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari'a in post-Arab Spring constitutions. The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.
There is no better guide than Paul Krugman to basic economics, the ideas that animate much of our public policy. Likewise, there is no better foe of zombie economics, the misunderstandings that just won't die. Arguing with Zombies is Krugman "the most hated and most admired columnist in the US" (Martin Wolf, Financial Times) at his best, turning readers into intelligent consumers of the daily news with quick, vivid sketches of the key concepts behind taxes, health care, international trade and more. In this new book, in which he builds on and expands his The New York Times columns and other writings, "the most celebrated economist of his generation" (The Economist), offers short, accessible chapters on topics including the European Union and Brexit, the fight for national health care in the United States, the financial meltdown of 2007-2008, the attack on Social Security and the fraudulent argument-the ultimate zombie-that tax cuts for the rich will benefit all.
This book looks at the options for the future development of Church establishment in the UK. The future of church establishment in our ever more pluralized society becomes increasingly urgent; topical because of the heightened appreciation of the issues raised by the presence of non-Christian religious minorities.There is a need for an authoritative understanding of the relevant constitutional law and the options for changing it. With Church establishment largely locked in the geopolitics of the late 17th century, this study examines the case for change. How should the constitution respond to an ever more pluralized society; what are the implications for the religious character of the monarchy? This book helps readers consider such questions and reach their own judgments.
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