In this insightful book, Massimo Fichera provides an original account of European integration as a process -? completed by the creation of the Area of Freedom, Security and Justice. The study builds upon a demonstration of how European constitutionalism has been informed by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. The book uses this conceptual framework to analyse the development of the EU as a polity. Chapters cover significant recent crises, including the Eurozone, refugees, the rule of law, Brexit, and constitutional identity. These events are not only recognized as being political shocks, but more meaningful and long lasting occurrences which have had, and will continue to have, a deep impact on the development of the EU as a legal and political system. In light of this, the variety of crises that have recently affected the EU are discussed with thought given to their impact as an interlinking whole. Adeptly combining both theoretical and doctrinal analysis, this book will appeal to students and scholars of both EU law and politics as well as those interested in legal and political theory more widely. Government officials, policy makers and practitioners will also find this a stimulating read.

This book examines the judicial opinions and criminal justice policy impact of Justice John Paul Stevens, the U.S. Supreme Court's most prolific opinion author during his 35-year career on the nation's highest court. Although Justice Stevens, a Republican appointee of President Gerald Ford, had a professional reputation as a corporate antitrust law attorney, he immediately asserted himself as the Court's foremost advocate of prisoners' rights and Miranda rights when he arrived at the Court in 1975. In examining Justice Stevens's opinions on these topics as well as others, including capital punishment and right to counsel, the chapters of the book connect his prior experiences with the development of his views on rights in criminal justice. In particular, the book examines his relevant experiences as a law clerk to Justice Wiley Rutledge in the Supreme Court's 1947 term, a volunteer attorney handling criminal cases in Illinois, and a judge on the U.S. court of appeals to explore how these experiences shaped his understanding of the importance of rights in criminal justice. For many issues, such as those affecting imprisoned offenders, Justice Stevens was a strong defender of rights throughout his career. For other issues, such as capital punishment, there is evidence that he became increasingly protective of rights over the course of his Supreme Court career. The book also examines how Justice Stevens became increasingly important as a leading dissenter against the diminution of rights in criminal justice as the Supreme Court's composition became increasingly conservative in the 1980s and thereafter. Because of the nature and complexity of Justice Stevens's numerous and varied opinions over the course of his lengthy career, scholars find it difficult to characterize his judicial philosophy and impact with simple labels. Yet in the realm of criminal justice, close examination of his work reveals that he earned a reputation and an enduring legacy as an exceptionally important defender of constitutional rights.

Protecting the natural environment and promoting environmental sustainability have become important objectives for U.S. policymakers and public administrators at the dawn of the twenty-first century. Institutions of American government, especially at the federal level, and the public administrators who work inside of those institutions, play a crucial role in developing and implementing environmental sustainability policies. This book explores these salient issues logically. First, it explores fundamental concepts such as what it means to be environmentally sustainable, how economic issues affect environmental policy, and the philosophical schools of thought about what policies ought to be considered sustainable. From there, it focuses on processes and institutions affecting public administration and its role in the policy process. Accordingly, it summarizes the rise of the administrative state in the United States and then reviews the development of federal environmental laws and policies with an emphasis on late twentieth century developments. This book also discusses the evolution of American environmentalism by outlining the history of the environmental movement and the growth of the environmental lobby. Finally, this book synthesizes the information to discuss how public administration can promote environmental sustainability.

Directly elected mayors are political leaders who are selected directly by citizens and head multi-functional local government authorities. This book examines the contexts, features and debates around this model of leadership, and how in practice political leadership is exercised through it. The book draws on examples from Europe, the US, and Australasia to examine the impacts, practices, and debates of mayoral leadership in different cities and countries. Themes that recur throughout include the formal and informal powers that mayors exercise, their relationships with other actors in governance - both inside municipalities and in broader governance networks - and the advantages and disadvantages of the mayoral model. Both qualitative and quantitative approaches are used to build a picture of views of and on directly elected mayors in different contexts from across the globe. This book will be a valuable resource for those studying or researching public policy, public management, urban studies, politics, law, and planning.

Reclaiming the American Revolution examines the struggles for political ascendancy between Federalists and the Republicans in the early days of the American Republic viewed through the lens of the Kentucky and Virginia Resolutions authored by Thomas Jefferson and James Madison. Jefferson and Madison saw the Alien and Sedition Acts as a threat to states' rights, as well as indicative of a national government that sought unlimited power. The Resolutions sought to return the nation to the tenets of the Constitution, in which rights for all were protected by checking the power of the national government. Watkins examines the two sides of this important controversy in early American history and demonstrates the Resolutions' relevance to current politics.

Incorporating history, sociology, and rule of law studies, this book sheds light on an understudied but fascinating dimension of modernization in Iran, namely the emergence of a new legal system between the 1906 Constitutional Revolution and the end of Reza Shah's rule in 1941. While Iranian constitutionalism can be seen as part of a global trend of constitutional revolutions at the turn of the twentieth century, in Iran, an unusual institutional and historical background shaped a path to legal reform that was in many ways unique. Among other factors, the scholastic legalism of the Shi'i ulama and the considerable autonomy they enjoyed in administering the civil law in the nineteenth century made legal reform a particularly contested, difficult, and politically charged aspect of state building.

States in American Constitutionalism: Interpretation, Authority, and Politics examines the often overlooked role that states have played in the development and maintenance of American constitutionalism by examining the purpose and effect of state resolutions on national constitutional meaning. From colonial practices through contemporary politics, subnational governments have made claims about what national constitutional provisions and principles ought to mean, fashioned political coalitions to back them, and asserted their authority to provoke constitutional settlement. Yet, this practice has been far from static. Political actors have altered the practice in response to their interpretive objectives and the political landscape of the day. States in American Constitutionalism explains both the development of the practice and the way each innovation to the practice affected subsequent iterations. Hays presents a series of case studies that explore the origins of the practice in colonial constitutionalism, its function in the early Republic, subsequent developments in antebellum and twentieth century politics, and contemporary practice in the first two decades of the twenty-first century. States in American Constitutionalism will be of great interest to students and academics interested in constitutional law and politics, political and constitutional development, and federalism.

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 the fourth title in the Dissident American Thought Today Series, Chilton Williamson takes on liberalism and reveals the 'faith' of the present Democratic Party as its own cultivated version of absurdity. This 'advanced liberalism' is not the liberalism of Mill, and it certainly no longer is the thinking man's party. If it were once true that conservatism is unimaginative and reactionary, the contrary is the picture of our times. Liberalism now asserts that human nature can and must be perfected, but without reference to nature. The age of the expert has been thrust upon the United States with the urgency of technique to be applied to coerce the vision of a perfect society and perfect human beings.  Williamson observes that this liberalism to nevertheless be collapsing, given the obvious opposition to the idea that it is essential to modernity. Liberalism is ironically a kind of unyielding control, "a relativist persuasion that discourages and resists fixed beliefs and certainties and the idea of truth itself." Williamson offers commentary on the present state of liberal ideas and their crimes against better judgment, and vindicates conservatism from being labeled reactionary. Liberalism is exposed as a faith we cannot accept, for it contains nothing to be believed and what it says about the order of things is pure fiction. 

This book, part of the Companions series, provides succinct yet robust definitions and explanations of core concepts and themes in relation to state power, liberties and human rights. Laid out in a user-friendly A-Z format, it includes entries from expert contributors with clear direction to related entries and further reading. It will be suitable for undergraduate and postgraduate students on a variety of courses such as Criminology, Criminal Justice, International Relations, Politics, Social Policy, Policing Studies, and Law as well as other researchers in these areas.

What does it mean to be a European citizen? The rapidly changing politics of citizenship in the face of migration, diversity, heightened concerns about security and financial and economic crises, has left European citizenship as one of the major political and social challenges to European integration. Enacting European Citizenship develops a distinctive perspective on European citizenship and its impact on European integration by focusing on 'acts' of European citizenship. The authors examine a broad range of cases - including those of the Roma, Sinti, Kurds, sex workers, youth and other 'minorities' or marginalised peoples - to illuminate the ways in which the institutions and practices of European citizenship can hinder as well as enable claims for justice, rights and equality. This book draws the key themes together to explore what the limitations and possibilities of European citizenship might be.

This elegant book collects the essential historical documents that laid the foundation for the United States and charted the course of the nation's growth and development. Featuring an introduction by Andrew S. Trees, this collection gives you a window into the creation of a democracy that has endured and thrived for over two hundred years. Included are: The Constitution of the United States and Bill of Rights The Declaration of Independence The Federalist Papers The Articles of Confederation Common Sense President George Washington's First Inaugural and Farewell Addresses And much more This beautifully packaged collection of the most important documents of the nation's founding makes an excellent keepsake for American history enthusiasts. The Timeless Classics series from Rock Point brings together the works of classic authors from around the world. Complete and unabridged, these elegantly designed gift editions feature luxe, patterned endpapers, ribbon markers, and foil and deboss details on vibrantly colored cases. Celebrate these beloved works of literature as true standouts in your personal library collection.

"Leadership in Democracy" develops and applies an innovative leadership theory of democracy and political evolution, based upon Schumpeter's famous theories of democracy and economic entrepreneurship. The new theory is applied to the US and British democracies in an assessment of how much entrepreneurial-style, pioneering leadership occurred from the 1960s to the 1990s in the electoral, governmental, legislative, administrative and policy-advocacy sectors of democracies. The assessment leads on to a wide-ranging appraisal of the prospects for 'entrepreneurial' democracy in the twenty-first century.

The meaning and function of law in Hannah Arendt's work has never been the subject of a systematic reconstruction. This book examines Arendt's work and reconstructs her ideas through political, legal and constitutional theory, and shows that her engagement with law is continuous as well as crucial to an adequate understanding of her political thought. The author argues that Arendt was very much concerned with the question of an adequate arrangement of law, politics and order - the so-called triad of constitutionalism. By adopting this approach, the author suggests an alternative interpretation of Arendt's thought, which sees her as thinker of political order who considers as crucial a stable and free political order in which political struggle and dissent can occur. Endorsements 'Christian Volk is one of the most original and penetrating Arendt interpreters of his generation. This book addresses some of the most misunderstood aspects of Arendtian thought - namely, her views of law and constitutionalism. Volk does away with a lot of misconceptions and guides us to a novel view of Arendt on these questions and beyond'. Seyla Benhabib, Yale University 'One could not imagine something new on Arendt these days. Too much has been written in the last decades. But this volume discloses new land and gives a fresh look at Arendt's theory of the political. A great book, and a must for every reading list'. Hauke Brunkhorst, University of Flensburg 'Hannah Arendt is famous for her unusual conception of politics, but as Christian Volk's rich and seminal study shows, Arendt's political theory goes hand in hand with a distinctive understanding of law. Volk persuasively charts the emergence of Arendt's complementary approaches to law and politics out of her analysis of the crisis of the European nation-state, and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists. An impressive work that deserves the new audience it will find in this welcome translation'. Patchen Markell, University of Chicago 'Christian Volk splendidly discovers Hannah Arendt as a legal theorist. Lawyers interested in her seminal work should just read this book'. Christoph Moellers, Humboldt University Berlin 'As Christian Volk persuasively demonstrates, reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work. Based on comprehensive textual evidence, he can instead show that this has important conceptual implications which shed a completely new light on the basic aspects of her overall theoretical outlook. Emphasising the procedural grounding of her understanding of democracy, it thus presents a major challenge to many widely held beliefs about Arendts work and an irresistible invitation to reinvestigate the foundations, promises and prospects of radical politics.' Rainer Schmalz-Bruns, Leibniz University of Hanover

What does it mean to say that it is 'We the People' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung Ho Kim attempt to answer these perennial questions by revisiting the constitutional politics of postwar Japan and Korea. Together, these experiences demonstrate the infeasibility of the conventional assumption that there is a clearly bounded sovereign 'people' prior to constitution-making that stands apart from both outside influence and troubled historical legacies. The authors argue that 'We the People' only emerges through a deeply transformative politics of constitutional founding and, as such, a democratic constitution and its putative author are mutually constitutive. Highly original and genuinely multidisciplinary, this book will be of interest to democratic theorists and scholars of comparative constitutionalism as well as observers of ongoing constitutional debates in Japan and Korea.

There remains a widespread perception among both the public and elements of academia that the Internet is "ungovernable". However, this idea, as well as the notion that the Internet has become some type of cyber-libertarian utopia, is wholly inaccurate. Governments may certainly encounter tremendous difficulty in attempting to regulate the Internet, but numerous types of authority have nevertheless become pervasive. So who, then, governs the Internet? This book will contend that the Internet is, in fact, being governed, that it is being governed by specific and identifiable networks of policy actors, and that an argument can be made as to how it is being governed. This book will present a new conceptual framework for analysis that deconstructs the Internet into four policy "layers" with the aim of formulating a new political architecture that accurately maps out and depicts authority on the Internet today. Foremost, it will seek to draw a distinction between those actors who have a demonstrable policymaking authority versus those who merely wield influence. The book will then apply this four-layer model to an analysis of U.S. national cybersecurity policy, post-9/11. Ultimately, it will seek to determine the consequences of these political arrangements and governance policies.

The origins of the U.S. Constitution are the source of endless debate. What did the founders intend when they drafted this monumental work? How should we interpret their formulations in the contemporary world? Is the Constitution a living, breathing document, as is so frequently said, or is it more staid in its intentions?

Comparing the writings and speeches of the founders with the authors they read, studied, and imitated, M. N. S. Sellers here identifies the central tenets of American Republicanism. What, he asks, did "republicanism" mean to the Americans who drafted and ratified the Constitution? Drawing on an impressive array of historical sources, this interdisciplinary work convincingly demonstrates that the Constitution was far less influenced by English or continental political thought than has been previously thought. Rather, Sellers argues, the Constitution is firmly rooted in classical Roman concepts of law and philosophy.

"American Republicanism" presents the primary republican narratives in their American context, providing contemporary lawyers, philosophers, and historians with a window into the attitudes and understandings that animated the Constitution. The ratification debates confirm how little in the new American conception of republicanism was still at issue in 1787 and how much Americans owed to Rome's example and the Latin authors who dominated their colonial grammar-school cirriculum.

"Campaign 2012: Twelve Independent Ideas for Improving American Public Policy" is an indispensable guide to the questions facing White House hopefuls in 2012, as well as the challenges awaiting the winner. It presents authoritative analyses of a dozen key policy issues currently testing the nation:

-domestic economic growth

-America's role in the world

-the budget deficit

-China relations

-health care

-Afghanistan and Pakistan

-federalism

-Iran

-reforming government institutions

-the Middle East

-climate change

-terrorism

This is truly Brookings at its best --independent expert analysis, presented in an accessible manner and offering viable solutions.

What does it mean to promote 'transitions to democracy' in the Middle East? How have North American, European and multilateral projects advanced human rights, authoritarian retrenchment or Western domination? This book examines transnational programs in Egypt, Jordan, Morocco, Yemen, Lebanon, Tunisia, Algeria, the exceptional cases of Palestine and Iraq, and the Arab region at large during two tumultuous decades. To understand the controversial and contradictory effects of political aid, Sheila Carapico analyzes discursive and professional practices in four key subfields: the rule of law, electoral design and monitoring, women's political empowerment and civil society. From the institutional arrangements for extraordinary undertakings such as Saddam Hussein's trial or Palestinian elections to routine templates for national women's machineries or NGO networks, her research explores the paradoxes and jurisdictional disputes confronted by Arab activists for justice, representation and 'non-governmental' agency.

The 2012 Republican nomination process went on longer than most pundits predicted early on. While Mitt Romney began the season as the prohibitive favorite, he was tested repeatedly by what was seemingly the Republican flavor of the week (including Michele Bachmann, Herman Cain, Rick Perry, Newt Gingrich, and Rick Santorum). The sheer number of candidates who were viewed as legitimate contenders demonstrate the fundamental concern facing Republicans moving forward: a fractured party. The pro-business, Tea Party, and evangelical Christian wings disagreed in 2010 on who would provide the best alternative to Democratic President Barack Obama and as a result created a crippling nomination period. By the time Romney was able to claim victory, he was severely wounded after countless attacks from his fellow Republicans. To this internal discontent, we can also add the changing national demographics that could lead to electoral problems for Republicans in their own right. Consider that Mitt Romney did better with older, white male voters than John McCain had. Unfortunately, the share of the national vote for this demographic decreased from 2008 to 2012. As Rand Paul stated recently, the time has come for Republicans to reach out to individuals who do not fit the stereotyped Republican image if they have any hope of being successful. In this volume, we assess how the 2012 GOP nomination cycle is indicative of just how the Republican Party has become, in the words of pundit Cuck Warren, a "Mad Men Party in a Modern Family World."

The "Arab Spring" was heralded and publicly embraced by foreign leaders of many countries that define themselves by their own historic revolutions. The contributors to this volume examine the legitimacy of these comparisons by exploring whether or not all modern revolutions follow a pattern or script. Traditionally, historians have studied revolutions as distinct and separate events. Drawing on close familiarity with many different cultures, languages, and historical transitions, this anthology presents the first cohesive historical approach to the comparative study of revolutions. This volume argues that the American and French Revolutions provided the genesis of the revolutionary "script" that was rewritten by Marx, which was revised by Lenin and the Bolshevik Revolution, which was revised again by Mao and the Chinese Communist Revolution. Later revolutions in Cuba and Iran improvised further. This script is once again on display in the capitals of the Middle East and North Africa, and it will serve as the model for future revolutionary movements.

This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers' understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.

Since the adoption of the 1947 Constitution of Japan, the document has become a contested symbol of contrasting visions of Japan. Japanese Constitutional Revisionism and Civic Activism is a volume which examines the history of Japan's constitutional debates, key legal decisions and interpretations, the history and variety of activism, and activists' ties to party politics and to fellow activists overseas.

Historians in France assume that the restoration of Monarchy after the defeat of Napoleon was doomed. The first compact recent history of the period in English, this book reveals that although the French experimented with two Monarchies and a Republic (1814 - 48), there was substantial stability. The Institutional framework constructed during the Revolutionary years (1789 - 1814) remained intact, and the ruling elites retained basic control.