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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
This deeply researched book offers a comprehensive analysis of the domestic politics and international consequences of Trump's foreign policy. Mel Gurtov provides detailed case studies of policy toward key countries and regions, including China, Russia, North Korea, Europe, and the Middle East. He makes a vigorous argument, centered on human-interest priorities and values, for rejecting a foreign policy of neglect and ineptness when it comes to the major issues of our times: climate change, China's rise, multiple US wars, human rights, authoritarian leadership, and nuclear weapons. Gurtov argues that Trump is a nationalist and illiberal populist whose policy views have been molded chiefly by his business practices, leading to an obsession with "winning," elevation of ego and loyalty over expertise, and preference for threats over diplomacy. Trump holds to a few simple ideas about the US role in the world: too expensive, too subject to other countries and institutions, and too influenced by "globalist" concerns such as democracy, climate crisis, human rights, and the rule of law. Trump will leave a deeply negative mark on the reputation and credibility of the United States, and on its policy-making process. But Gurtov concludes that a liberal successor should be able to reverse the worst features of the Trump era and restore foreign policy to its true purpose: exemplifying America's commitment to humane and democratic governance and cooperative economic relations with allies and economic partners.
Law and Empire is the first systematic treatment in English by a historian of the nature, aims and efficacy of public law in the society of the Later Roman Empire. Adopting an interdisciplinary approach, the author offers new interpretations of central issues in the study of Roman law--what it was and how effective: contemporary attitudes to torture and punishment, judicial corruption, and the settlement of disputes.
This timely and important new work takes a critical look at government in the American states and illustrates the disconnect between state government institutions and their constituents. The text illuminates three basic political problems of state governments: weak constitutional and institutional foundations; a lack of civic engagement; and long histories of unchecked public corruption. In addition, the book explains why some states did and others did not respond promptly to the COVID-19 pandemic and examines America's long-standing problem of police and prosecutorial misconduct-providing a context for understanding the demonstrations and protests that rocked American cities in the summer of 2020. For students and citizens of state politics, the book concludes with a proposal aimed at civic literacy and action
This timely and important new work takes a critical look at government in the American states and illustrates the disconnect between state government institutions and their constituents. The text illuminates three basic political problems of state governments: weak constitutional and institutional foundations; a lack of civic engagement; and long histories of unchecked public corruption. In addition, the book explains why some states did and others did not respond promptly to the COVID-19 pandemic and examines America's long-standing problem of police and prosecutorial misconduct-providing a context for understanding the demonstrations and protests that rocked American cities in the summer of 2020. For students and citizens of state politics, the book concludes with a proposal aimed at civic literacy and action
The Crown and Constitutional Reform is an innovative, interdisciplinary exchange between experts in law, anthropology and politics about the Crown, constitutional monarchy and the potential for constitutional reform in Commonwealth common law countries. The constitutional foundation of many Commonwealth countries is the Crown, an icon of ultimate authority, at once familiar yet curiously enigmatic. Is it a conceptual placeholder for the state, a symbol of sovereignty or does its ambiguity make it a shapeshifter, a legal fiction that can be deployed as an expedient mask for executive power and convenient instrument for undermining democratic accountability? This volume offers a novel, interdisciplinary exchange: the contributors analyse how the Crown operates in the United Kingdom and the postcolonial settler societies of Canada, Australia, and New Zealand. In doing so, they examine fundamental theoretical questions about statehood, sovereignty, constitutionalism and postcolonial reconciliation. As Queen Elizabeth II's long reign approaches its end, questions about the Crown's future, its changing forms and meanings, the continuing value of constitutional monarchy and its potential for reform, gain fresh urgency. The chapters in this book were originally published in a special issue of The Round Table: The Commonwealth Journal of International Affairs.
Sovereignty is among the most important phenomena for making sense of political life. But there are many mistaken assumptions associated with the concept. This book provides a new and somewhat unorthodox interpretation of it from the standpoint of a theory of practice. The Sovereign responds to pressing political issues of our time, like immigration and refugees, transnationalism and populism, the prospects for democracy, and the relationship between civil society and the state. The chapters trace the concept of sovereignty from its origins in political theory, providing perspective and insights that leave the reader with a phenomenological sketch of the sovereign. Bronner transforms our ideas about political power, what it is, how it has been used, and how it can be used. His new theory of sovereignty concludes with twenty-five provocative theses on the sovereign's role in modern capitalist society. The Sovereign is a novel and unparalleled overview of a crucial concept by an influential thinker. It is especially and particularly recommended to scholars and student of comparative politics, international relations, contemporary political theory, and the wider general public.
Sovereignty is among the most important phenomena for making sense of political life. But there are many mistaken assumptions associated with the concept. This book provides a new and somewhat unorthodox interpretation of it from the standpoint of a theory of practice. The Sovereign responds to pressing political issues of our time, like immigration and refugees, transnationalism and populism, the prospects for democracy, and the relationship between civil society and the state. The chapters trace the concept of sovereignty from its origins in political theory, providing perspective and insights that leave the reader with a phenomenological sketch of the sovereign. Bronner transforms our ideas about political power, what it is, how it has been used, and how it can be used. His new theory of sovereignty concludes with twenty-five provocative theses on the sovereign's role in modern capitalist society. The Sovereign is a novel and unparalleled overview of a crucial concept by an influential thinker. It is especially and particularly recommended to scholars and student of comparative politics, international relations, contemporary political theory, and the wider general public.
Many hoped or feared that Antonin Scalia's appointment to the Supreme Court in 1986 would guarantee a conservative counter-revolution that would reverse the liberal jurisprudence of the Supreme Court under Chief Justice Earl Warren and which was continued to some extent under the Burger Court though the influence of Justice William Brennan. In addition, President Reagan described Scalia's nomination as part of a project to remake the role of the Court, promote an interpretive approach of originalism, and shift authority and discretion to the States. Yet by the time of his death in 2016 it was unclear to what extent Scalia had effected the legal, institutional, or political revolutions that had been anticipated. While the Court did move to the right doctrinally, and reversed or modified many Vinson-Warren-Burger precedents, Scalia's influence on constitutional jurisprudence turned out to be far less than it could have been, and his ability to persuade other Justices to adopt his legal views-both substantively and methodologically-was less than many mainstream media accounts recognize. Scalia's institutional and political legacies are similarly complex: he was neither as transformative a figure as some of his allies might have hoped nor so unimportant as some of his detractors might have wished. The fact that his death and the controversy surrounding his replacement is so intense speaks to the fragile legacy that Scalia really has had on the Supreme Court after 30 years. This book will assess Scalia's legacy in an edited volume that assembles leading legal and political science scholars who will evaluate his impact across a range of jurisprudential, institutional, and political issues.
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.
The US government makes 350 pages of new laws each day, including directives of policy that limit what an individual may do at home alone or with consenting adults. Such laws are intended to make people safer, healthier, or more productive, but they often violate the Five Rights because they sacrifice personal choices to some presumed greater good. Directives of policy may include laws that violate the rights to privacy or free speech; laws restricting abortion or physician-assisted suicide; prohibitions on unhealthy foods, cigarettes, alcohol, or drugs; laws that discriminate against gays; and laws that violate property rights. Drug prohibition laws have been the most damaging. Over the past 40 years, the US population grew 50 percent while its prison population grew 1,000 percent, due mostly to antidrug laws. There are now two million Americans in jail, half of whom didn't harm, coerce, or defraud anyone. The land of the free has one twentieth of the world's population and one fifth of its prison population. Our incarceration rate is seven times that of European countries. No democracy has ever had such a large percentage of its people behind bars. Legalization of marijuana and decriminalization of other drugs would free hundreds of thousands of individuals, end prison overcrowding, and save billions of dollars now spent trying to enforce unenforceable laws. There would be less need for spying, wiretapping, and breaking down doors. Americans could stop thinking of the police as the enemy and vice-versa, permitting a renewal of respect for the Five Rights.
The displacement of population during and after the Second World War took place on a global scale and formed part of a longer historical process of violence, territorial reconfiguration and state development. This book focuses on the profound political, social and economic upheavals in the Soviet Union and Eastern Europe at this time.
Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.
On the eve of a presidential election that may determine the makeup of Supreme Court justices for decades to come, prominent attorney James D. Zirin argues that the Court has become increasingly partisan, rapidly making policy choices right and left on bases that have nothing to do with law or the Constitution. Zirin explains how we arrived at the present situation and looks at the current divide through its leading partisans, Justices Ruth Bader Ginsburg and Sonia Sotomayor on the left and Antonin Scalia and Clarence Thomas on the right. He also examines four of the Court's most controversial recent decisions - Hobby Lobby, Obamacare, gay marriage, and capital punishment - arguing that these politicized decisions threaten to undermine public confidence in the Supreme Court.
During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.
Take an exclusive look inside the Oval Office―from an unlikely perspective. As a black conservative, Ron Christie has often taken the road less traveled. And now, he carries readers along with him on his unique, illuminating journey through the hallowed halls of the West Wing and into the sacred chamber of the Oval Office, as he shows the real workings inside one of the most secretive administrations ever: the White House of George W. Bush.
Former special assistant to President Bush, Ron Christie answers these probing questions and many more as he offers the inside scoop― |