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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
The 38 Croatian, Slovenian and Czech constitutional documents reflect the development of the modern national movements of these Middle and South East European Slavic peoples and their political and cultural efforts to emancipate themselves from the Habsburg monarchy around 1848. Here the two imperial a oeCabinet Letters for Bohemiaa Za are of particular importance for the Czech middle classes. For Croatia, the a oePetitions of Rights of the National Movement of the Triune Kingdom of Dalmatia, Croatia and Slavoniaa, and for Slovenia, the a oeProgramme of United Sloveniaa are of pre-eminent significance.
This accessible guide to the U.S. Supreme Court explains the Court's history and authority, its structure and processes, its most important and enduring legal decisions, and its place in the U.S. political system. A 2018 Pew Research Center poll found that while 78 percent of Democrats and Democratic-leaning independents believed that the Supreme Court should base its decisions on the "modern" meaning of the Constitution, 67 percent of Republicans and Republican-leaning independents asserted that Justices should rely on the Constitution's "original meaning." The Court often is the final arbiter of polarizing battles that originate in other branches of government. At the same time, however, its structural insulation from Congress, the Presidency, and electoral politics make the Supreme Court-at least in theory-well positioned to rise above the rough-and-tumble of politics. This book examines the power of the Supreme Court in America's system of democratic governance in several ways. These include: reviewing debates over whether justices should interpret the Constitution in line with its "original meaning" or in accordance with present-day understandings; exploring the processes and factors that shape how cases are chosen and decided; considering contentious battles over the selection of justices; and examining the impact of the Court on American culture and society. Offers a primer on the U.S. Supreme Court, an intriguing, complicated, and often-controversial piece of the U.S. legal and political system Identifies the sources of the Supreme Court's authority, the constraints to that authority, and ongoing debates about how the Court should exercise that authority Highlights the uniqueness of the Supreme Court, an institution central to U.S. democracy but designed to be insulated from the public and a check against majority rule Explores legal, political, and social factors that influence the Supreme Court and, in turn, how the Court shapes law, politics, and society Covers key areas of Court decision-making, such as separation of powers between the President and Congress, civil rights (e.g., affirmative action and same-sex marriage), and civil liberties (e.g., freedom of speech and free exercise of religion) Promotes literacy in the workings of democracy in the United States
This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver 'We the People' sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems. Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.
When we take a look back at the way Western states have fought terrorist organizations in the last 20 years, it is difficult not to think that these alternatives to war might have been more ethical than the decisions to invade Afghanistan and Iraq in 2001 and in 2003. These cases speak for themselves as they have both led to the death of hundreds of thousands of innocent civilians, which is highly paradoxical in light of the logic that supported these interventions. There is a need to think of alternatives to war that will imply the legitimization of proactive sets of measures that would allow states to effectively prevent terrorist attacks through the use of kinetic force in a limited extent as a way to avoid the terrible and unpredictable effects of wars. Violent Alternatives to War: Justifying Actions Against Contemporary Terrorism engages in a moral discussion of the challenges associated with violent alternatives to war when confronting terrorism and suggests a comprehensive approach to how this form of violence can be legitimized and how it ought to be used against this contemporary threat.
As the main overview book of the FY 2021 Budget, this volume contains the Budget Message of the President, information on the President's priorities and budget overviews by agency, and summary tables. From large corporations and small business companies interested in developing new products for specific markets to policy makers, contractors, and federal agency personnel, this reference may be the go-to-resource to have at your hands for 2021 federal spending priorities.
The corruption of public officials in the United States and its corrosive impact on public policy, political stability and democratic institutions, earns it a spot among the most critical public crises of the last decade. There have been scandals involving elected officials across the political spectrum from local elected officials up to the White House, involving conflicts of interest, campaign fundraising and political elections. At the heart of many scandals is the discretionary power of public officials to make decisions based on personal interest, often leading to corruption. Understanding the nature and etiology of corruption is important to drafting controls on discretion and rules for accountability. While strict regulation and oversight mechanisms have previously been designed to encourage ethical decision-making and punish violators, it is the media and citizens that have increasingly become modern mechanisms of accountability. Corruption of public governance not only undermines the effectiveness of the political system; it also results in corrupt public policymaking on the most pressing issues facing Americans today. This timely and insightful book provides the key elements needed to understand the nature and prevalence of corruption in public governance, as well as the devastating public policy consequences. The chapters explore the implications of public governance corruption on political stability, public trust, and policymaking, as well as recommendations for how to establish controls on discretion and strict regulation to increase accountability and corruption control in public governance.
The Historical Dictionary of the U.S. Constitution covers the Founding of the American Republic and the Framers, the drafting of the Constitution, constitutional debates over ratification, and traces key events, Supreme Court chief justices, amendments, and Supreme Court cases regarding the interpretation of the Constitution from 1789-2016. The Historical Dictionary of the U.S. Constitution contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on key figures in the Founding, Supreme Court chief justices, explanations of the Articles and Amendments to the Constitution, and key Supreme Court cases. This book is an excellent access point for students, researchers, and anyone wanting to know more about the U.S. Constitution.
This book explores how a wide range of countries attempt to cope
with the challenges of globalization. While the internalization of
globalization proceeds in significantly different ways, there is a
broad process of convergence taking place around the politics of
neoliberalism and a more market-oriented version of capitalism. The
book examines how distinct social structures, political cultures,
patterns of party and interest group politics, classes, public
policies, liberal democratic and authoritarian institutions, and
the discourses that frame them, are being reshaped by political
actors. Chapters cover national experiences from Europe and North
America to Asia and Latin America (Chile, Mexico, and Peru).
The United States Constitution and Bill of Rights (1787-1789) is a foundational document of American democracy. Written by delegates attending the Constitutional Convention, a gathering intended to revise the system of government established under the Articles of Confederation, The Constitution of the United States was ratified in 1788 before becoming effecting in 1789. Nearly two and a half centuries old, it is the oldest continually enforced national constitution in the world. The United States Bill of Rights, containing the first ten amendments to the Constitution, was ratified in 1791, codifying into law the essential individual rights and freedoms of Americans, setting limitations on government power, and diverting powers not specifically granted to Congress to the states and citizens. "We the People." Beginning with these words affirming the democratic aspirations of the nation, The Constitution of the United States defines the foundational organization and function of the federal government. Despite being amended 27 times since its ratification and enforcement, The Constitution of the United States is seen as essential to the American system of government and political representation. Based on several earlier documents, including the Virginia Declaration of Rights (1776) and the English Magna Carta (1215), The United States Bill of Rights adds to the original Constitution-which focuses primarily on the organization and function of the federal government-certain protections and specifications targeting the rights of individual Americans, important safeguards determining the reach of the federal government and ensuring the states and the people are proportionately empowered. The First Amendment, perhaps the most recognizable, guarantees freedom of religion, speech, press, and assembly, as well as the right of every citizen to petition the government without fear of reprisal or punishment. With a beautifully designed cover and professionally typeset manuscript, this edition of The United States Constitution and Bill of Rights is a classic of American political history reimagined for modern readers.
Is Bipartisanship Dead? looks beyond (and considers the time before) roll call voting to examine the extent to which bipartisan agreement in the House of Representatives has declined since the 1970s. Despite voting coalitions showing a decline in bipartisan agreement between 1973 and 2004, member's bill cosponsorship coalitions show a more stable level of bipartisanship. The declining bipartisanship over time in roll call voting reflects a shift in how party leaders structure the floor and roll call agendas. Party leaders in the House changed from prioritizing legislation with bipartisan agreement in the 1970s to prioritizing legislation with partisan disagreement by the 1990s. Laurel Harbridge argues that this shift reflects a changing political environment and an effort by leaders to balance members' electoral interests, governance goals, and partisan differentiation. The findings speak to questions of representation and governance. They also shed light on whether partisan conflict is insurmountable and whether bipartisanship in congressional politics is dead.
This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work,however, the discussion of whether the 'ultra vires' doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of 'legislative intention' and 'judicial creativity' provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodoxy is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review. "Confucius was wrong to say that it is a curse to live in interesting times. We are witnessing the development of a constitutional philosophy which recognises fundamental values and gives them effect in the mediation of law to the people". (Sir John Laws) Contributors Nick Bamforth, Paul Craig, David Dyzenhaus, Mark Elliott, David Feldman, Christopher Forsyth, Brigid Hadfield, Jeffrey Jowell QC, Sir John Laws, Dawn Oliver, Sir Stephen Sedley, Mark Walters. With short responses by: TRS Allan, Stephen Bailey, Robert Carnworth, Martin Loughlin, Michael Taggart, Sir William Wade.
This volume examines drug policies and the role of cooperation in the Americas. Many current and former politicians have discussed the failures of the war on drugs and the need for alternative approaches. Uruguay as well as Colorado and Washington have legalized marijuana. The Organization of American states produced a report in 2013 which discussed alternative policy options to the drug war. This work examines the nature of cooperation and drug policies in the twenty-first century in the Americas, highlighting the major challenges and obstacles. The argument is that one country cannot solve drug trafficking as it is a transnational problem. Therefore, the producing, consuming, and transit countries must work together and cooperate.
Utopia and Dystopia in the Age of Trump treats literature, film, television series and comic books dealing with utopian and dystopian worlds reflecting on or anticipating our current age. From Henry James' dreamlike utopia of "The Great Good Place" to the psychotic world of Brett Easton Ellis' American Psycho, from science fiction and recent horror films, television adaptations of books such as Margaret Atwood's The Handmaid's Tale and new series such as The Black Mirror, to the repressive Hitleria dystopia of Katherine Burdekin's Swastika Knight, the authors examine the development of scenaarios which either prefigure the rise of individuals such as Donald J. Trump or suggest alternatives to it. Ultimately, one might say of the worlds presented here, viewed from different social and political perspectives: one person's utopia is another one's dystopia. This is the fifth in a series of books edited by Brodman and Doan, and published by Rowman & Littlefied with Fairleigh Dckinson University Press. The Universal Vampire: Origins and Evolution of a Legend and Images of the Modern Vampire: The Hip and the Atavistic (both in 2013) focused on the vampire legend in tradiitonal and modern thought. The Supernatural Revamped: From Timeworn Legends to Twenty-First-Century Chic (2016) examined a range of supernatural beings in literature, film, and other forms of popular culture. Apocalyptic Chic: Visions of the Apocalypse and Post-Apocalypse in Literature and Visual Arts (2017) dealt with legends and images of the apocalypse and post-apocalypse in film and graphic arts, literature and lore from early to modern times and from peoples and cultures around the world.
Sergio Fabbrini argues that the European Union (EU) is made up of states pursuing different aims, rather than simply moving in the same direction at different speeds. He describes the alternative perspectives on the EU (an economic community, an intergovernmental union, and a parliamentary union), that led to multiple compromises in its structure and shows how the Euro crisis has called them into question. The book argues that a new European political order is necessary to deal with the consequences of the crisis, based on an institutional differentiation between the EU member states interested only in market co-operation and those advancing towards a genuine economic and monetary union. Such a differentiation would allow the latter group to become a political union, conceptualised as a compound union of states and citizens, while preserving a revised framework of a single market in which both groups of states can participate.
Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law - all its convoluted structure, overloaded with dogmatic principles - will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.
The 1970s era of rapid change, economic and social, made constant demands on the adaptability of a constitutional system. The work of the State expanded, and the expansion was at several levels, delimited by the requirements of geography. Britain's constitutional system has two aspects: one essentially theoretical, concerning such questions as the nature of sovereignty, prerogative powers, and the rights and duties of citizens; the other concerning the way in which the business of government is carried on: how people who make political decisions are chosen, how their activities are subject to checks and influence by the representatives of public interests, formal and informal. Originally published in 1974, this book deals with the second of these aspects. It identifies the changes in constitutional practice which had taken place in the previous two decades, and the trends which could be discerned at the time. It has four main sections. The first deals with the changing structure of government itself: with the recruitment of ministers, the nature of political responsibility and the changes in government departments. The second section deals with both Houses of Parliament, and particularly with the new forms of parliamentary discussion and criticism. The third deals with the process of election, including the regulation of propaganda and the use of the mass media. The final section deals with the different levels of government, including the local, the regional and the supra-national. All through the main concern is with the dynamic aspects of the political constitution. This was a really up-to-date and realistic book on British government at the time and now can be read in its historical context.
From the author of "First in His Class," the definitive biography
of Bill Clinton, this "New York Times" bestseller was hailed by
critics as a groundbreaking multigenerational biography, a richly
textured account of President Obama and the forces that shaped him
and sustain him.
In the 1950s, public relations practitioners tried to garner respectability for their fledgling profession, and one international figure helped in that endeavor. President Dwight D. Eisenhower embraced public relations as a necessary component of American democracy, advancing the profession at a key moment in its history. But he did more than believe in public relations-he practiced it. Eisenhower changed how America campaigns by leveraging television and Madison Avenue advertising. Once in the Oval Office, he maximized the potential of a new medium as the first U.S. president to seek training for television and to broadcast news conferences on television. Additionally, Eisenhower managed the news through his press office, molding the role of the modern presidential press secretary. The first president to adopt a policy of full disclosure on health issues, Eisenhower survived (politically as well as medically) three serious illnesses while in office. The Eisenhower Administration was the most forthcoming on the president's health at the time, even though it did not always live up to its own policy. In short, Eisenhower deserves credit as this nation's most innovative public relations president, because he revolutionized America's political communication process, forever changing the president's relationship with the Fourth Estate, Madison Avenue, public relations, and ultimately, the American people.
Switching parties is arguably the most important decision a politician will ever make. This book is the first-ever systematic study of the causes and consequences of legislative party switching in the United States. The author argues that re-election alone does not explain party switching. He proposes an ambition-based theory that accounts for multiple goals (including higher office aspirations and the desire for influence in the legislature) with a focus on the electoral costs and the institutional benefits of the decision. The book combines the statistical analysis of electoral data and legislative careers in the US Congress and state legislatures with elite interviews of party switchers, non-switchers, and a party leader. The case study of a party switcher's decision in 'real time' documents the complexity of the decision in a politician's own words prior to and following the switch. The book raises important questions regarding the meaning of a party label.
The Federalist Papers (1787-1788) is a collection of essays and articles by Alexander Hamilton, John Jay, and James Madison. Written in support of the recently completed Constitutional Convention, The Federalist Papers were intended to support the ratification process of the new United States Constitution. When the Constitutional Convention was completed on September 17, 1787 in Philadelphia, the newly-agreed upon Constitution was sent to the states for ratification. As opponents of a strong centralized government began attacking the Constitution in the press, Hamilton recruited Jay and Madison to contribute articles and essays in favor of Federalism to prominent journals and newspapers. Published between October 27, 1787 and May 28, 1788, The Federalist Papers were written by the three authors under the pseudonym "Publius." Although Hamilton wrote the vast majority, Madison's and Jay's contributions are still seen as essential works on the philosophy of American governance. Federalist Nos. 10 and 14, both written by Madison, are regarded as especially significant for arguing for the possibility of effectively governing an expansive republic. In Federalist No. 84, Hamilton argues against adding a Bill of Rights, a proposed compromise with Anti-Federalists that would eventually make up the first ten Amendments to the Constitution. Other important topics introduced or explained in The Federalist Papers include the doctrine of judicial review, the case for a single chief executive, and the purpose of checks and balances. With a beautifully designed cover and professionally typeset manuscript, this edition of The Federalist Papers is a classic of American political history reimagined for modern readers.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.The study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
The Dutch Reformed Church, it was said in apartheid South Africa, was the National Party at prayer, and indeed, given that the Bible was so fundamental to much of the legislation that governed the apartheid state, that apparently satirical description had the ring of truth. 'Religion in South Africa's past', writes Dhammamegha Annie Leatt has been 'saturated by politics' and politics 'saturated by religion'. So how, she asks, was it possible for a new state to found itself without religious authority? Why did the churches give up so much of their political role in the transition? How can we think about tradition and the customary in relation to secularism? How can we not? In The State of Secularism Leatt guides the reader from a history of global political secularism through an exploration of the roles played by religion and traditional authority in apartheid South Africa to the position of religion in the post-apartheid state. She analyses the negotiations relating to religion in the constitution-making process, arguing, that South Africa is both secular in its Constitution and judicial foundations and increasingly non-secular in its embrace of traditional authorities and customary law. In the final chapter Leatt turns her attention to post-apartheid South Africa, examining changing relationships between churches and the ruling African National Congress and the increasing influence of traditional leaders and evangelical Christians in an anti-liberal alliance. This book makes a tremendous contribution to the literature on postcolonial politics on the African continent. It has wonderful insights into the founding of a constitutional democracy in South African and will appeal to students in history, politics, sociology and anthropology and constitutional law.
This book examines the perspectives of American liberalism and conservatism in the new millennium-their general political and social philosophy and their positions in leading public issue areas-and evaluates them in light of Catholic social teaching. Before making that evaluation, it sets out the Church's teaching as it has been authoritatively set forth in documents from her Magisterium-especially the social encyclicals. It looks to recognized thinkers, writers, and spokesmen for each of the two ideologies to determine what their general philosophy is in six major, central areas: the role of the state; God, religion, and the natural law as the basis of the political order; the family; the thinking on freedom; the thinking about equality; and international life and ethics. Since American conservatism has been known for having different groupings or schools of thought within it-in the new millennium these are traditionalist conservatism, paleoconservatism, cultural or religious-based conservatism, neoconservatism, libertarian conservatism, and TEA party conservatism-the book examines leading representatives from each grouping and then determines what the consensus conservatism thinking is in each area. Then it looks to a recent platform of the Democratic party that was acknowledged to be especially "liberal" and one of the Republican party that was acknowledged to be especially "conservative" (they were the 2012 platforms of each party) to determine the thinking of each ideology on eight major public issue/policy areas: economics and social welfare policy; energy and the environment; civil rights and civil liberties; education and health care; family policy; immigration policy; human life issues; and foreign policy, defense, and disarmament. It compares each ideology's thinking in these different areas of their general political and social philosophy and their public issue/policy positions and compares them to the basic principles of Catholic social teaching, assessing how well each conforms to that teaching in each area or if each clearly deviates and then coming to an conclusion overall about which is closer to Catholic social teaching.
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