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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
"Passages from Antiquity to Feudalism" is a sustained exercise in
historical sociology that shows how the slave-based societies of
Ancient Greece and Rome eventually became the feudal societies of
the Middle Ages. In the course of this study, Anderson vindicates
and refines the explanatory power of historical materialism, while
casting a fascinating light on the Ancient world, the Germanic
invasions, nomadic society, and the different routes taken to
feudalism in Northern, Mediterranean, Eastern and Western Europe.
Democratic Decision-Making: Historical and Contemporary Perspectives contains eight essays by political scientists addressing various aspects of the democratic decision-making process. The book is divided into four parts: democratic statesmanship, the extent to which limitations of the democratic principle of majority rule are desirable, the contemporary doctrine of "deliberative democracy," and informal modes of democratic decision-making. Under these four headings, the contributors discuss a wide variety of issues, including the practice of "political opportunism" by such statesmen as Hamilton and Madison; the historical development of legal restraints on democracy in America ranging from judicial review (during the colonial period) to the filibuster; the operation of classical Athenian democracy, the defects of which may have been exaggerated by the American Founders; the significance of the reflections of Tammany Hall boss George Washington Plunkitt for the development of the American party system; the relation of deliberative-democracy theory to the thought of Rousseau; and the means by which cooperative land-use agreements have been arrived at in California, eliciting the voluntary consent of the affected parties instead of relying on judicial or bureaucratic dictates. The book is well-suited for use in courses on American political thought, democratic theory, American political development, and related subjects.
This book is an insider's account of the way legislative proposals in the Cayman Islands are conceived and processed, as well as the operational context in which the resultant laws are drafted. It is based on the author's well-received earlier publication The Legislative Process: A Handbook for Public Officials (2009). That book was featured significantly in The Parliamentarian: Journal of Commonwealth Parliaments, 2010, Issue 1 XCI. In a review contained in The Loophole: Journal of the Commonwealth Association of Legislative Counsel (August, 2010), the reviewer wrote, "In these times of recession I commend this book to anyone in Government wishing to improve processes to enable the production of legislation with improved efficiency and cost effectiveness." And in the Statute Law Review (April, 2010), 31(2), with reference to its suggestions for improved efficiency, it was said that ." . . there is little that can be described as other than good advice here."
The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.
Concise and clear in expression, Comparative Government covers contemporary systems of government, as well as relics of the past, in an excellent introduction to the profound study of comparative constitutional law. Dragoljub Popovic has undertaken this task to display the subject in its current stage of development, concentrating on several focal points. Based on research of their characteristic features, decision-making mechanisms and lines of evolution, the author explores parliamentary, presidential, semi-presidential, power sharing and the supra-national level forms of government in an entertaining narrative and provides tools for the reader to classify and understand governments worldwide. Comparative Government will prove essential, for its comprehensive yet concise scope, to students of law, political sciences and international relations, as well as academics in the same areas, civil servants, diplomats, legislation drafters, policy makers and practicing lawyers.
Civil society is one of the most hotly debated topics in contemporary political theory. These debates often assume that a vibrant associational life between individual and state is essential for maintaining liberal democratic institutions. In Uncivil Society, Richard Boyd argues-through a careful reading of such seminal figures as Hobbes, Locke, Burke, Mill, Tocqueville, and Oakeshott-that contemporary theorists have not only tended to ignore the question of which sorts of groups ought to count as "civil society" but they have also unduly discounted the ambivalence of violent and illiberal groups in a liberal democracy. Boyd seeks to correct this conceptual confusion by offering us a better moral taxonomy of the virtue of civility.
Bernie Sanders is one of the most influential figures of our time, a politician who inspires fervent love and, even among his enemies, a measure of grudging respect-yet we know comparatively little about this famously private left-wing firebrand. Now, Ari Rabin-Havt, a trusted Sanders aide, is able to take us where no press features or televised interviews have been able to go. The Fighting Soul is a behind-the-scenes chronicle of Sanders's meteoric 2020 campaign for president-from the first campaign meeting in Rabin-Havt's living room, to Sanders's heart attack and the end of the campaign as the COVID-19 pandemic spread around the world-that deepens into an unforgettable portrait of Sanders. Rabin-Havt unfolds the history that drives his deep ideological commitments to the working class, his views of his young supporters, his sense of humour, which few outside his immediate circle ever witness, and the role his wife, Jane, plays in his success. In the tradition of What It Takes and other exuberant works of American political writing, The Fighting Soul shows the making of the rare politician motivated by principle, not power.
The Regulators is a fresh look at how the regulatory system works in Washington and how it affects the life of every American. The book, an incisive and sometimes entertaining look at the back corridors of government, draws upon real-life regulatory episodes that illustrate the power and reach of the rule-making establishment in Washington. It's the first examination of the regulatory world, and the entities that interact with it, that is both accessible and indispensable to undergraduate, graduate, business, and law students, as well as regulatory practitioners and political junkies alike.
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory - including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre - address these questions in a timely and original way.
Multiculturalism is controversial in the liberal state and has frequently been declared dead, even in countries that have never had a policy under that name. This authoritative book reviews the different meanings multiculturalism has acquired across theories, countries, and domains to evaluate the extent of its demise and the ways in which it lives on. Christian Joppke intriguingly argues that, beyond the ebb and flow of policy, liberal constitutionalism itself bears out a multiculturalism of the individual that is not only alive but necessary in a liberal society. Through a provocative comparison of gay rights in the United States and the accommodation of Islam in Europe, he shows that liberal constitutionalism constrains majority power, requiring the state to be neutral about people's values and ethical commitment. It cannot but give rise to multiple ways of life or cultures, as people are endowed with the freedom to embrace them. Accordingly, impulses toward multiculturalism persist, despite its political crisis, but with a new accent on the individual, rather than group, as the unit of integration. Tightly argued and clearly written, this book provides a judicious assessment of multiculturalism in the West and will be of interest to a broad readership across the social sciences and legal studies.
We live in a world which no longer questions itself, which lives
from one day to another managing successive crises and struggling
to brace itself for new ones, without knowing where it is going and
without trying to plan the itinerary. And everything important in
our lives - livelihood, human bonds, partnerships, neighbourhood,
goals worth pursuing and dangers to avoid - feels transient,
precarious, vulnerable, insecure, uncertain, risky. Is there a
connection between the shape of the world we inhabit and the way we
live our lives? Exploring that connection, and finding out just how
close it is, is the main concern of this book. What is at stake in this inquiry is the possibility of
re-building the"'private/public" space, where private troubles and
public issues meet and where citizens engage in dialogue in order
to govern themselves. "Individual" liberty can only be a product of
"collective" work, it can only be collectively secured and
guaranteed. And yet today we are moving towards a "privatization"
of the means to secure individual liberty. If seen as a therapy for
the present ills, this is bound to produce effects of a most
sinister kind. The act of translating private troubles into public
issues is in danger of falling into disuse and being forgotten. The
argument of this book is that making the translation possible again
is an urgent and vital imperative for the renewal of politics
today. This new book by Zygmunt Bauman - one of the most original and creative thinkers of our time - will be of particular interest to students of sociology, politics and social and political theory.
Political realism has recently moved to the centre of debates in contemporary political theory. In this monograph, Matt Sleat presents the first comprehensive overview of the resurgence of interest in realist political theory and develops a unique and original defence of liberal politics in realist terms. Through explorations of the work of a diverse range of thinkers, including Bernard Williams, John Rawls, Raymond Geuss, Judith Shklar, John Gray, Carl Schmitt and Max Weber, the author advances a theory of liberal realism that is consistent with the realist emphasis on disagreement and conflict yet still recognisably liberal in its concern with respecting individuals' freedom and constraining political power. The result is a unique contribution to the ongoing debates surrounding realism and an original and timely re-imagining of liberal theory for the twenty-first century. -- .
Written by 55 of the richest white men, and signed by only 39 of them, the US constitution is the sacred text of American nationalism. Popular perceptions of it are mired in idolatry, myth and misinformation - many Americans have opinions on the constitution but have little idea what it says. This book examines the constitution for what it is - a rulebook for elites to protect capitalism from democracy. Social movements have misplaced faith in the constitution as a tool for achieving justice when it actually impedes social change through the many roadblocks and obstructions we call 'checks and balances'. This stymies urgent progress on issues like labour rights, poverty, public health and climate change, propelling the American people and rest of the world towards destruction. Robert Ovetz's reading of the constitution shows that the system isn't broken. Far from it. It works as it was designed to.
Internationally-renowned scholars, including Zygmunt Bauman, Saskia Sassen, Loic Wacquant and Craig Calhoun come together in this exciting new collection to debate the role of the nation state in an age of globalization, examining key areas including finance, migration, terrorism, crime, the welfare state and the legal system.
The Scottish independence debate has consequences for Scotland, British politics, the future of the UK - and internationally. In Scotland Rising, Gerry Hassan addresses the key questions in this debate with a deep dive into its history, beyond the usual references to Thatcherism, Toryism and Westminster, by analysing the relative decline of the UK, the nature of the British state, its capitalist economy and politics that underpin it. At the same time, a distinctive, autonomous Scotland has emerged beyond Nichola Sturgeon's SNP and independence that has demanded more self-government. Scotland Rising highlights the importance of culture, stories and collective voices in reshaping how people see Scotland, both in during the first referendum in 2014 and again today. This debate is of relevance to everyone in the UK, including England, Wales and Northern Ireland. Can politics and democracy liberate people from the wreckage of Westminster? And if the Scots can, could it inspire others? Scotland Rising is a must-read for anyone with an interest in the future of Scotland and the UK.
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
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? |
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