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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Market and competition authorities operate in a complex environment with conflicting stakeholder demands. Balancing the various interests of the authority and stakeholder in an objective and impartial manner is strategic to achieving the goals of the legislation imposed. In a fresh approach examining the actions of an authority when a regulation is applied, Annetje Ottow argues the vital importance of the behaviour of authorities, focusing on five fundamental good agency principles: legality, independence, transparency, effectiveness, and responsibility, or, LITER. These principles provide agencies and those reviewing their actions with a framework for agency design and action. Combining theory and practice to provide insight into agencies' organization and behaviour, this book outlines and analyses behavioural issues using an ecosystemic method, addressing how independent agencies should be assessed, and which principles should apply. Using cases from the Netherlands and the UK, Ottow examines the key processes of authorities against the LITER principles, and opens the debate on 'how to regulate the agency'.
What does it mean to say you're English, Scottish, British? Does it matter much to people? Has devolution and constitutional change made a difference to national identity? Does the future of the UK depend on whether or not people think they are British? Social and political scientists answer these questions vital to the future of the British state.
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
Investigates historic strands of conservative thought and responds to the radical changes which many think have transformed the Conservative party into a populist movement upholding English nationalism. All Souls College Oxford was one of the meeting points of English public intellectuals in the twentieth century. Its Fellows prided themselves on agreeing in everything except their opinions. They included Cabinet Ministers from all the three major parties, and academics of diverse political allegiances, who met for frank conversations and lively disagreements. Davenport-Hines investigates historic strands of conservative thought: aversion to rapid and disruptive change, mistrust of majority opinions, prizing of community loyalties and pride over the assertion of aggressive individualism, the recession of the Church of England, and the impact of militarism. Conservative Thinkers from All Souls College Oxford draws on the ideas of two conservative thinkers, 'Trimmer' Halifax and Michael Oakeshott, to examine the conservative assumptions, ideas, writings and influence of seven Fellows of All Souls from the last century. Their brands of conservatism regarded popular democracy as an unavoidable necessity which must be managed rather than loved. Their scepticism about the rule of the people was rooted in a meritocratic commitment to the government of the wise. They disliked plutocracy, regretted consumerism, and loathed sloppy and self-serving thought. All were more or less dissatisfied with the workings of the Westminster parliamentary model.
Thomas Hobbes's Leviathan is one of the most important philosophical texts in the English language, and one of the most influential works of political philosophy ever written. This is the first critical edition based on a full study of the manuscript and printing history. It is also the first edition to place the English text side by side with Hobbes's later Latin version of it, complete with a set of notes in which the many passages that differ in the Latin are translated into English. So, for the first time, readers of Leviathan will be able to see clearly every stage of the development of the text. Both texts are fully annotated with explanatory notes. The editor's Introduction, which takes up the whole of the first volume, gives a path-breaking account of the work's context, sources, and textual history. This definitive edition will set the study of Hobbes's masterwork on a new basis. This three volume paperback set is also available in component parts: The Editorial Introduction (Volume 1), ISBN 978-0-19-870909-1, and The English and Latin Texts (Volumes 2 and 3), ISBN 978-0-19-872396-7. The hardback three-volume set is also available, ISBN 978-0-19-960262-9
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.
In this newly revised work, Michael Bowers presents an historical
overview of constitutional development in the state of Nevada. The
Nevada State Constitution provides a comprehensive
section-by-section analysis of the state constitution. In addition,
a thorough bibliographic essay notes the seminal works relating to
the constitution, and a list of cases enumerates the landmark
federal and state court decisions interpreting the state's
constitution and the more than one hundred amendments to it. This
one-of-a-kind treatment of the Nevada Constitution is essential
reading for those interested in the historical development and
contemporary meaning of the Sagebrush State's oldest and most
foundational legal document.
If one counts the production of constitutional documents alone, the
nineteenth century can lay claim to being a 'constitutional age';
one in which the generation and reception of constitutional texts
served as a center of gravity around which law and politics
consistently revolved. This volume critically re-examines the role
of constitutionalism in that period, in order to counter
established teleological narratives that imply a consistent
development from absolutism towards inclusive, participatory
democracy. Various aspects of constitutional histories within and
outside of Europe are examined from a comparative, transnational,
and multidisciplinary historical perspective, organized around five
key themes. The first part looks at constitutions as
anti-revolutionary devices, and addresses state building,
monarchical constitutionalism, and restorations. The second part
takes up constitutions and the justification of new social
inequalities, focusing on women's suffrage, human rights, and
property. The third part uses individual country studies to take on
questions of how constitutions served to promote nationalism. The
use of constitutions as instruments of imperialism is covered in
the fourth part, and the final part examines the ways that
constitutions function simultaneously as legal and political texts.
The Virginia State Constitution examines constitutional amendments, court decisions, attorney general opinions, and legislative deliberations bearing on the development and interpretation of the Virginia Constitution. The book contains a detailed history of the Virginia Constitution, with particular attention to key moments in the state's constitutional development, from the 1776 Constitution through the current 1971 Constitution. The book also includes a provision-by-provision commentary on the evolution and meaning of each section of the Virginia Constitution. The second edition brings this material up to date through mid-2013 and analyzes a number of constitutional developments with important implications for governance. Among the recent amendments covered in this volume is an amendment barring recognition of same-sex marriages and civil unions, and an amendment that undertook a major revision of the provision limiting the eminent domain power. The book examines several recent state court decisions of note, including the state supreme court's first interpretation of the provision guaranteeing "the right of the people to keep and bear arms" and various court decisions limiting the power to levy taxes. The book also analyzes recent attorney general opinions with significant implications for legislative appropriations to non-profit groups, along with various other legislative initiatives. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
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.
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.
Eminent Victorians on American Democracy surveys a wide range of British opinion on the United States in the nineteenth century. It highlights the views of John Stuart Mill, Walter Bagehot, Sir Henry Maine, and James Bryce, who wrote extensively on American government and society. America was significant to them not only because it was the world's most advanced democracy, but also because it was a political experiment that was seen to anticipate the future of Britain. The Victorians made a memorable contribution to the continuing debate over the character and origins of democracy through their perceptive examination of issues ranging from the US Constitution to its practical application, from the Supreme Court to the party system. Their trenchant commentary punctures several popular American assumptions, not least the idea of 'exceptionalism'. What distinguishes the Victorian writers was their willingness to examine the US Constitution dispassionately at a time when Americans treated it as a sacred document. Although the United States has changed dramatically since they wrote, much of their commentary remains remarkably prescient, if only because the American government retains so much of its eighteenth-century character. Today, when rival American priesthoods see the Constitution in the light of their particular altars, it is worth revisiting what leading Victorians had to say about it.
A revealing look at the constitutional issues that confronted and shaped each presidency from Woodrow Wilson through Donald J. Trump Drawing from the monumental publication The Presidents and the Constitution: A Living History in 2016, the nation's foremost experts in the American presidency and the US Constitution tell the intertwined stories of how the last eighteen American presidents have interfaced with the Constitution and thus defined the most powerful office in human history. This volume leads off with Woodrow Wilson, the president who led the nation through World War I, and ends with Donald J. Trump, who ushered the US into uncharted political and legal territory. In between, the country was confronted with international wars, the civil rights movement, 9/11, and the advent of the internet, all of which presented unique and pressing constitutional issues. The last one hundred years reveals the awesome powers of the American presidency in domestic and foreign affairs, illustrating how they have stood up to modern and novel legal challenges. The Presidents and the Constitution is for anyone interested in a captivating and illuminating account of one of the most compelling subjects in our American democracy.
In 2015, South Africa celebrated its 21st anniversary as a democratic state. This anniversary was in part boosted by the largely successful rolling out of a fifth free and fair election process in the previous year, albeit with minor hiccups - among others, a vibrant and at times boisterous political party scene; re-energised civil society participation, and a critical reflection of the Chapter 9 institutions, with some under constant scrutiny. However, South Africa's coming-of-age story has also been peppered with signs of increased dissatisfaction with governmental decision making and leadership style, protests around the delivery of services, continuous development and poverty issues as well as concerns about the republic's international conduct and its image and reputation in Africa and the world. Government and politics in South Africa provides an up-to-date introductory narrative on the contemporary political environment in South Africa. Government and politics in South Africa examines and evaluates the processes and policies in place that drive South Africa every day. While most chapters continue to reflect on the first two decades of post-settlement South African politics and governments, particular emphasis is placed upon the Jacob Zuma-led government's first term of office (2009-2014), also touching on the initial months of this head of state's second tenure as president. It examines the current political sphere, the local, provincial and national government, the policy footprint related to these governments, voting behaviour and party politics, foreign policy and the global political economy. Government and politics in South Africa is aimed at both undergraduate and post-graduate students, and other interested observers to the complexities of South African politics and the governmental machinery that operates the country. Chris Landsberg (editor-in-chief) is SARChI chair of African diplomacy and foreign policy at the University of Johannesburg. Suzanne Graham (co-editor) is senior lecturer and doctor of politics at the University of Johannesburg.
North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
This book] provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic. "Preston K. Covey, Carnegie Mellon University " Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of the right to keep and bear arms--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.
In A Constitutional Culture, Adrian Chastain Weimer uncovers the story of how, more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule. With the return of Charles II to the English throne in 1660, the puritan-led colonies faced enormous pressure to conform to the crown’s priorities. Charles demanded that puritans change voting practices, baptismal policies, and laws, and he also cast an eye on local resources such as forests, a valuable source of masts for the English navy. Moreover, to enforce these demands, the king sent four royal commissioners on warships, ostensibly headed for New Netherland but easily redirected toward Boston. In the face of this threat to local rule, colonists had to decide whether they would submit to the commissioners’ authority, which they viewed as arbitrary because it was not accountable to the people, or whether they would mobilize to defy the crown. Those resisting the crown included not just freemen (voters) but also people often seen as excluded or marginalized such as non-freemen, indentured servants, and women. Together they crafted a potent regional constitutional culture in defiance of Charles II that was characterized by a skepticism of metropolitan ambition, a defense of civil and religious liberties, and a conviction that self-government was divinely sanctioned. Weimer shows how they expressed this constitutional culture through a set of well-rehearsed practices—including fast days, debates, committee work, and petitions. Equipped with a ready vocabulary for criticizing arbitrary rule, with a providentially informed capacity for risk-taking, and with a set of intellectual frameworks for divided sovereignty, the constitutional culture that New Englanders forged would not easily succumb to an imperial authority intent on consolidating its power.
When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship. -- .
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. |
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