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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
The political history of Pakistan is characterised by incomplete constitution-making, a process which has placed the burden of constitutional interpretation on state instruments ranging from the bureaucracy to the military to the judiciary. In this study of the relationship between state and civil society in Pakistan, Paula Newberg demonstrates how, over the course of almost five decades, the courts have influenced the development of its constitutions and the structure of the state. By examining judicial decisions, particularly at times of political crisis, she considers how tensions within the judiciary, and between courts and other state institutions, have affected the ways political society views itself, and explores the consequences of these debates for the formal organization of political power.
To examine government policy and state practice on housing, welfare, mental health, disability, prisons or immigration is to come face-to-face with the harsh realities of the 'punitive state'. But state violence and corporate harm always meet with resistance. With contributions from a wide range of activists and scholars, Resist the Punitive State highlights and theorises the front line of resistance movements actively opposing the state-corporate nexus. The chapters engage with different strategies of resistance in a variety of movements and campaigns. In doing so the book considers what we can learn from involvement in grassroots struggles, and contributes to contemporary debates around the role and significance of subversive knowledge and engaged scholarship in activism. Aimed at activists and campaigners plus students, researchers and educators in criminology, social policy, sociology, social work and the social sciences more broadly, Resist the Punitive State not only presents critiques of a range of harmful state-corporate policy agendas but situates these in the context of social movement struggles fighting for political transformation and alternative futures.
Thomas More's Utopia is one of the supreme achievements of Renaissance humanism. This is the first edition since 1965 to combine More's Latin text with an English translation, and the first to provide an accurate Latin text. Spelling and punctuation have been regularized, and the translation is a revised version of the acclaimed Adams translation, also published in Cambridge Texts in the History of Political Thought. The edition includes an introduction, textual apparatus, a full commentary and a guide to the critical literature on Utopia.
This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.
Across the globe, there are numerous examples of treaties, compacts, or other negotiated agreements that mediate relationships between Indigenous peoples and states or settler communities. Perhaps the best known of these, New Zealand's Treaty of Waitangi is a living, and historically rich, illustration of this types of negotiated agreement, and both the symmetries and asymmetries of Indigenous-State relations. This collection refreshes the scholarly and public discourse relating to the Treaty of Waitangi and makes a significant contribution to the international discussion of Indigenous-State relations and reconciliation. The essays in this collection explore the diversity of meanings that have been ascribed to Indigenous-State compacts, such as the Treaty, by different interpretive communities. As such, they enable and illuminate a more dynamic conversation about their meanings and applications, as well as their critical role in processes of reconciliation and transitional justice today.
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary's acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime--rooted in evangelical Protestantism--that would hold sway for the rest of the twentieth century.
The parliamentary style of politics has been formed over centuries; nobody theorised it in advance. This book presents a thought experiment to spell out key principles of the parliamentary ideal type of politics. Max Weber offers the main intellectual inspiration, Westminster parliament provides the main historical reference and the author's studies on parliamentary procedure and rhetoric provide the background for the book. Parliamentary acting and thinking offer us the best example of politics as a contingent and controversial activity. Using a parliamentary imagination, the author constructs the ideal type in five main chapters: dissensual modes of proceeding; rhetoric of parliamentary debate; parliamentary formation and control of government; parliamentarians as politicians; and parliamentary time as their common subtext. In the last two chapters, the book outlines the possibilities of extending parliamentary judgment to politics beyond parliaments proper and the chances for parliamentary politics succeeding today.
For decades, leaders in Newark, New Jersey, have claimed their city
is about to return to its vibrant past. How accurate is this
prediction? Is Newark on the verge of revitalization? Robert
Curvin, who was one of New Jersey's outstanding civil rights
leaders, examines the city, chronicling its history, politics, and
culture." "Throughout the pages of" Inside Newark," Curvin
approaches his story both as an insider who is rooting for Newark
and as an objective social scientist illuminating the causes and
effects of sweeping changes in the city
"The FLOTUS Effect" emphasizes the import of agency on the part of Michelle Obama in relation to her politics as evidenced in her positionality and presence as the first African American woman to serve as First Lady of the United States of America. Her occupation of a previously white space and place tended to frame her as an enigma in the American mind and media. Contributors reflect on Mrs. Obama’s eight years in her ceremonial position, and the ways she chose to uniquely embody her role. Hence, the result is a volume that speculates upon her evolving legacy, and the likely “effects” of what it meant to be the first African-American woman to serve in the ceremonial, yet powerful, role of FLOTUS.
This study draws on critical historical analysis and contemporary language theory to illuminate John Marshall's jurisprudence and political philosophy in new ways. It challenges both liberal and conservative views and it defines Marshall's constitutional interpretations, political ideology, and pragmatic interests anew. It shows how his pragmatism and "republican revisionism" impacted decisions about matters of property, contract, and debt. Legal scholars, political scientists, and historians interested in law and language, 19th-century history, and republicanism will find this study especially interesting.
As the bicentenary of the Conseil d'Etat approaches, this new edition of the leading English-language text provides a detailed profile of the Conseil and offers an up-to-date overview of le droit administratif, which is regarded, alongside the Code Napoleon, as the most notable achievement of French legal science. The Conseil d'Etat is taken as a model for many administrative systems in Europe and beyond, and it continues to exercise a strong influence upon the emerging democracies of Eastern Europe and the Third World. The eleven expanded appendices, including statistics, model pleadings and other illustrations, provide an invaluable and accessible source of information on the French administrative courts, their procedure and case-load. Throughout the approach is comparative, with frequent references to developments in United Kingdom administrative law and in the EC institutions. The book will be an invaluable guide to all students of French law and comparative public law.
A practical guide to becoming solution-focused and construction solutions in brief therapy. At the core of the book is a sequence of skill-building chapters that cover all aspects of construction solutions. Each chapter explains and demonstrates a particular skill with discussion and exercises.
"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.
For 800 years, Magna Carta has inspired those prepared to face torture, imprisonment and even death in the fight against tyranny. But the belief that the Great Charter gave us such freedoms as democracy, trial by jury and equality beneath the law has its roots in myth. Back in 1215, when King John was forced to issue Magna Carta, it was regarded as little more than a stalling tactic in the bloody conflict between monarch and barons. Here, Derek J. Taylor embarks on a mission to uncover the 'golden thread of truth' that runs through the story of the Great Charter. On a journey through space and time, he takes us from the palaces and villages of medieval England, through the castles and towns of France and the Middle East, to the United States of the twenty-first century. Along the way, the characters who gave birth to the Charter, and those who later fought in its name, are brought to life at the places where they lived, struggled and died. As he discovers, the real history of Magna Carta is far more engaging, exciting and surprising than any simple fairy tale of good defeating evil.
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?
Through the essays in this volume, we see how the failure of the state becomes a moment to ruminate on the artificiality of this most modern construct, the failure of nationalism, an opportunity to dream of alternative modes of association, and the failure of sovereignty to consider the threats and possibilities of the realm of foreignness within t
This volume of original essays, by some of Israel's most remarkable public and academic voices, offers a series of state-of-the art, accessible analyses of Israel's ever-evolving theatre of statecraft, public debates, and legal and cultural dramas, its deep divisions and - more surprisingly, perhaps - its internal affinities and common denominators.
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.
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.
The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers' negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities - Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents. |
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