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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament's claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists' subsequent consent.
Despite the end of the Cold War, the frequency of U.S. military intervention has increased. While military intervention accelerated after 9/11, increasing intervention was demonstrably evident well before 2001. Presidential Decision Making and Military Intervention in the Post-Cold War Era: Go or No-Go analyzes presidential decision making regarding military intervention through a focused, structured comparison of "go" and "no-go" decisions from the four successive administrations of Presidents George H. W. Bush, Bill Clinton, George W. Bush, and Barack Obama. Dennis Ricci explores competing explanations for why a presidential administration will decide to intervene in one situation and not in another. Since both the situations and decision makers vary across cases, Ricci analyzes explanations for intervention by asking: Why intervene? Why use force or not? Under what conditions or circumstances are intervention decisions made?
With international attention focused on Hong Kong, many forget that Macau also exists in a delicate "one country, two systems" (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of China's OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law. Despite being Hong Kong's sister "Special Administrative Region" (SAR) within the People's Republic of China, Macau's unique constitutional development under Portuguese and Chinese administration remains under-appreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multidisciplinary approach, including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization - that is, the assimilation of a long-standing and unique constitutional order by a new hegemonic sovereign - including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since. Focusing on Macau's unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in constitutional law, politics, and history.
This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations. Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Moellers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. Wouters
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States' security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers' emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments' descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
Academic libraries must frequently interact with state government. This book overviews the role of state government with respect to academic libraries, analyzes the impact of state government on significant functions within the academic library, and provides examples of how academic libraries can effectively interact with the state. The first part of the book looks closely at the nature of state government and its operations, so as to provide a meaningful context for the chapters that follow. The second section focuses more clearly on the interaction between state government and academic libraries and gives special attention to such topics as funding, automation, and networking. The third section contains case studies of how academic libraries have worked cooperatively with the state to achieve their goals. Appendices list addresses for state agencies important to academic libraries.
This book assesses the extent to which an emphasis on national security and prioritization of state interests has dominated governance policy-making in Northeast and Southeast Asia, at the expense of human security, human development, and human rights. The findings are that in many cases, there are embedded structural obstacles to achieving human-centered governance objectives in the region. These relate to the role of the military, historical authoritarian legacies, and new authoritarian trends. Contributors examine not only the most obvious instances of military domination of governance in the region (North Korea with its "Military First" philosophy, Thailand since the 2014 coup, and Myanmar with its long history of military rule), but also less well known examples of the influence of conflict legacies upon governance in Cambodia, Timor-Leste, and Laos, as well as the emergence of new reservoirs of power and resources for the forces of authoritarianism.
In responding to the question as to whether Russia has re-emerged as a great power, the authors trace the major lines of foreign and security policy under Vladimir Putin. The authors argue that Putin and his advisors are committed to re-establishing Russia as a great power and that the existence of nuclear weapons and the revival of the Russian economy have provided the foundations for an expanded Russian role in global affairs.
As the bicentenary of the Conseil d'Etat approaches, this new edition of the leading English-language text provides a detailed profile of the Conseil and offers an up-to-date overview of le droit administratif, which is regarded, alongside the Code Napoleon, as the most notable achievement of French legal science. The Conseil d' Etat is taken as a model for many administrative systems in Europe and beyond, and it continues to exercise a strong influence upon the emerging democracies of Eastern Europe and the Third World. The 11 expanded appendices, including statistics, model pleadings and other illustrations, provide an invaluable and accessible source of information on the French administrative courts, their procedure and case-load.
This book provides an in-depth analysis of how constitutionalism and diversity can be friends and foes alike in contemporary multinational democracies. By focusing mainly on the dynamics between Quebec and Canada and comparing these with ongoing issues in Catalonia and Spain, Flanders and Belgium, and South Tyrol and Italy, the authors offer new insights into the public management of national diversity. In doing so, they sought to unpack the numerous challenges divided societies are facing. The pieces that together form the title of this book are not merely of symbolic significance. Constitutionalism v Diversity: Essays on Federal Democracy echoes the four underlying principles of the Canadian Constitution that the Supreme Court of Canada identified in its famous 1998 Reference re Secession of Quebec. These are (1) federalism, (2) democracy, (3) constitutionalism and the rule of law, and (4) protection of minorities. While these four concepts are at the very core of both authors' argument and approach, the Supreme Court of Canada's Secession Reference is guiding them through the book by providing a robust and meaningful theoretical and analytical framework. These principles appear as universal normative parameters societies should see as ideals to pursue and translate - while adapting their content to the specific context - into concrete institutions and practices. Even more today this book shows the great analytical value of these four principles to critically appraise of the way multinational liberal democracies in general and federal systems in particular are evolving.
The Senate of Canada is the upper house of its parliamentary system. It is an appointed legislative chamber that has been frequently derided for its apparent lack of effective activity, its failure to represent Canada's federal system, and the perceived lack of accountability among its members. Reform of the Senate persists as one of the most contentious issues in the country. Typical reform proposals begin with the assumption that it must become an elected body that primarily represents Canada's provinces and can serve as an effective check on the federal government and the House of Commons. This book challenges those assumptions through a thorough analysis that places the Senate within the context of other parliamentary upper houses. It presents a hypothetical constitutional amendment and a proposal for non-constitutional reform that are based upon alternative models derived from that broader context. The book ultimately recommends a Senate that remains unelected but with a more expansive appointment process that more appropriately reflects the optimal role of a parliamentary upper house as well as the diversity, regional aspirations, and political principles of Canadian democracy.
The most famous book on politics ever written, "The Prince" remains
as lively and shocking today as when it was written almost five
hundred years ago. Initially denounced as a collection of sinister
maxims and a recommendation of tyranny, it has more recently been
defended as the first scientific treatment of politics as it is
practiced rather than as it ought to be practiced. Harvey C.
Mansfield's brilliant translation of this classic work, along with
the new materials added for this edition, make it the definitive
version of "The Prince," indispensable to scholars, students, and
those interested in the dark art of politics.
Ernst-Wolfgang Boeckenfoerde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Boeckenfoerde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Boeckenfoerde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Boeckenfoerde's writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III) constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on the relation between religion, law, and democracy.
This reference provides background information about the Watergate crisis and discusses its significance to U.S. politics today. Relatively insignificant at first glance, the Watergate crisis led to the downfall of a president and emerged as the most important constitutional crisis since the Civil War. Journalists and the media were instrumental in shedding light on Watergate and exposing political corruption at the highest levels of government. Watergate became part of American popular culture and synonymous with presidential corruption. This book surveys the background of the Watergate crisis and links it to contemporary American politics. The first part of the book provides a narrative overview and examination of the Watergate crisis, with a consideration of what happened and why, and the relevance of Watergate to today's political issues. The book considers such topics as political corruption and impeachment, the role of the media, and the abuse of presidential power. The book also offers biographical sketches of key players in the Watergate crisis, a chronology, glossary, primary source document excerpts, and an annotated bibliography.
At this juncture in American history, some of our most hard-fought state-level political struggles involve control of state supreme courts. New Hampshire witnessed one of the most dramatic of these, culminating in the impeachment of Chief Justice David Brock in 2000, but the issues raised by the case are hardly confined to New Hampshire. They involved the proper nature and operation of judicial independence within a "populist" civic culture that had long assumed the primacy of the legislative branch, extolled its "citizen legislators" over insulated and professionalized elites, and entrusted those legislators to properly supervise the judiciary. In the last few decades of the 20th Century, New Hampshire's judiciary had been substantially reconfigured: constitutional amendments and other measures endorsed by the national judicial-modernization movement had secured for it a much higher level of independence and internal unification than it had historically enjoyed. However, a bipartisan body of legislators remained committed to the principle of legislative supremacy inscribed in the state constitution of 1784. The 1980s and 1990s witnessed a series of clashes over court administration, allegations of judicial corruption, and finally a bitter and protracted battle over Court decisions on educational funding. Chief Justice Brock publicly embodied the judicial branch's new status and assertiveness. When information came to light regarding some of his administrative actions on the high court, deepening antipathy toward him exploded into an impeachment crisis. The struggle over Brock's conduct raised significant questions about the meaning and proper practice of impeachment itself as a feature of democratic governance. When articles of impeachment were voted by the House of Representatives, the state Senate faced the difficult task of establishing trial protocols that would balance the political and juridical responsibilities devolved on them, simultaneously, by the state constitution. Having struck that balance, the trial they conducted would finally acquit Brock of all charges. Nevertheless, David Brock's impeachment was a highly consequential ordeal that provided a needed catalyst for reforms intended to produce a productive recalibration of legislative-judicial relations.
This book analyses institutional reforms implemented by Japanese Prime Minister Abe Shinzo, under his second administration from 2012 to 2020. Also examined is the evolution in the role of such actors in Japanese politics as bureaucrats, Liberal Democratic Party (LDP) factions, and backbenchers of the ruling party. Chapters offer multi-dimensional explanations for the preconditions of successful gradual institutional change in political systems, characterized by relatively strong veto players, rigid governmental structures, and numerous unofficial decision-making rules. It is argued that enhancement of the prime minister's position was implemented through the creative use of pre-existing policy venues, coupled with minor institutional changes in decision-making bodies. Using three illustrated case studies, it is demonstrated how the prime minister managed to centralize the decision-making process: a result of strategic appointment of ministers, empowerment of the Cabinet Secretariat and also taking advantage of wider advisory organs, largely circumventing deliberations on key policies in the ruling party. Seemingly minor changes thus manifested in a major redefinition of decision-making patterns: a result of the long-term perspective of the Abe administration. Gradual Institutional Change in Japan: Kantei Leadership under the Abe Administration will be useful for students seeking to understand the process of successful gradual institutional change and for scholars of Japanese studies and political science.
This book focuses on issues of current constitutional controversy and importance in Western and Central Europe.
This book provides the first detailed examination of the Attlee government's rejection of British participation in the Schuman Plan in 1950, which proposed the establishment of a common market for steel and coal as a way of avoiding future Franco-German conflict. This also represented Britain's rejection of a leading role in fashioning European political and economic intergration. Many received myths are contested: the Schuman Plan was not a bolt from the blue; domestic political circumstances did not make it impossible for Britain to join; participation would not have been incompatible with Britain's global and Commonwealth roles. Edmund Dell assesses Ernest Bevin's conduct as Foreign Secretary during this last year of his life: in declining health but still believing himself indispensable, he was arrogantly mistaken about the Schuman plan and lacked colleagues of comparable stature able to tell him he was wrong. The only hope was Stafford Cripps, the Chancellor of the Exchequer, but he was on the point of resignation due to ill-health and lacked the energy to press his doubts. Ministerial inadequacy was compounded by the Foreign Office, the leading officials in which were no less arrogant and quite as blind to the implications of the proposal. The consequence was a major policy failure which has influenced Britain's relations with its European partners right up to the present. Edmund Dell works with archival evidence, and the memoirs of participants, to place these events in the context of the 'big questions' dominating British policy formation: security, the dollar shortage, and the difficult relationship with an American administration intent both on attacking the sterling area and pressing for European federation. The result is an incisive revaluation of a key episode in post-war European history.
On 4 July 1961, the rising middle-class families of a Chicago neighbourhood gathered before their flag-bedecked houses, a vision of the American Dream. That vision was shattered over the following decade, its inequities at home and arrogance abroad challenged by powerful civil rights and antiwar movements. Assassinations, rioting and the blowback of a "silent majority" mobilised by an emerging right, left a fragmented political landscape. Kevin Boyle's full-dimensioned history of the decade is authoritative and engrossing. The civil rights movement emerges from the grassroots activism of Montgomery, through the tragic violence of Birmingham, to the frustrations of King's Chicago campaign and a rising Black nationalism. The Vietnam war unfolds as misguided policy, high-stakes politics and searing in-country experience. Women's challenges of gender norms yield landmark decisions on privacy rights, contraception and abortion. With empathy its keynote, this definitive history of the 1960s recovers the humanity behind the decade's divisions. |
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