This innovative book provides an essential historical perspective on the boundaries of the state in modern Britain. The collection of inter-disciplinary studies gathered here is unimpressed by the apparent 'rise' of the state before 1979 and its supposed 'decline' in the wake of Thatcherism. The Boundaries of the State in Modern Britain constitutes a comprehensive and coherent attempt to delineate the many and varying aspects of public involvement in private life during the twentieth century. It shows how the state has advanced into some areas of life, whilst vacating others. It explores the impact of these changes on civil society and intellectual life in Britain. Finally, the contributors consider where the state might be going in the twenty-first century.

Democracies and Republics Between Past and Future focuses on the concepts of direct rule by the people in early and classical Athens and the tribunician negative power in early republican Rome - and through this lens explores current political issues in our society. This volume guides readers through the current constitutional systems in the Western world in an attempt to decipher the reasons and extent of the decline of the nexus between 'elections' and 'democracy'; it then turns its gaze to the past in search of some answers for the future, examining early and classical Athens and, finally, early republican Rome. In discussing Athens, it explores how an authentic 'power of the people' is more than voting and something rather different from representation, while the examples of Rome demonstrate - thanks to the paradigm of the so-called tribunician power - the importance of institutionalised mechanisms of dialogic conflict between competing powers. This book will be of primary interest to scholars of legal history, both recent and ancient, and to classicists, but also to the more general reader with an interest in politics and history.

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.

Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why U.S. Supreme Court justices have chosen to alter precedent. This book attempts to fill that gap by analyzing those decisions of the Vinson, Warren, and Burger courts, as well as the first six terms of the Rehnquist Court--a span of forty-seven years (1946-1992)--that formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases.

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.

Taking into account the political and intellectual forces that shape Supreme Court decisions, Constitutional Debate in Action examines how and why the U.S. Constitution continues to grow and adapt to human wants, passions, and values. Not your traditional constitutional-law textbook, this three-volume set views the Constitution as an institutionalized form of debate by which people press their political demands and arguments upon the Supreme Court. This process-oriented approach goes beyond a straightforward examination of how the decisions of Supreme Court justices have transformed constitutional doctrine through the ages; it explores the actual process of adjudication itself. Each case study covers the legal and political background; including relevant out-of-court discussions, to help students understand the political framework in which the Supreme Court operates. Actual legal briefs filed in landmark cases, and corresponding oral arguments before the Supreme Court, provide students with a front-row seat to the process of constitutional argumentation. As they evaluate the opposing viewpoints, students are better equipped to evaluate critically final Supreme Court decisions and opinions. In addition, students gain a valuable perspective on the role of the Supreme Court in our constitutional democracy. Each volume examines in-depth key landmark decisions. Governmental Powers covers: The Power of Judicial Review:Marbury v. Madison, The Commerce Power:NLRB v. Jones & Laughlin Steel Corp , The War Power:Korematsu v. United States, Presidential Emergency Powers:Youngstown Sheet & Tube Co. v. Sawyer, and Executive Privilege:United States v. Nixon.

"Moscow in Movement" is the first exhaustive study of social movements, protest, and the state-society relationship in Vladimir Putin's Russia. Beginning in 2005 and running through the summer of 2013, the book traces the evolution of the relationship between citizens and their state through a series of in-depth case studies, explaining how Russians mobilized to defend human and civil rights, the environment, and individual and group interests: a process that culminated in the dramatic election protests of 2011-2012 and their aftermath. To understand where this surprising mobilization came from, and what it might mean for Russia's political future, the author looks beyond blanket arguments about the impact of low levels of trust, the weight of the Soviet legacy, or authoritarian repression, and finds an active and boisterous citizenry that nevertheless struggles to gain traction against a ruling elite that would prefer to ignore them.
On a broader level, the core argument of this volume is that political elites, by structuring the political arena, exert a decisive influence on the patterns of collective behavior that make up civil society--and the author seeks to test this theory by applying it to observable facts in historical and comparative perspective.
"Moscow in Movement" will be of interest to anyone looking for a bottom-up, citizens' eye view of recent Russian history, and especially to scholars and students of contemporary Russian politics and society, comparative politics, and sociology.

Ask the average American who takes over in the event something happens to the President of the United States, and you're likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation's highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation's highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.

While providing an analysis of Ottoman-Turkish constitutional developments since the first constitution of 1876, this book focuses on the present constitutional system of Turkey based on the Constitution of 1982. This Constitution, a product of the military regime of 1980-1983, strongly reflects the authoritarian, statist and tutelary mentality of its military founders, as well as their deep distrust for civilian politics. Even after sixteen liberalizing amendments since 1987, it has not been possible to completely liquidate this illiberal spirit, hence Turkey's need for a totally new, liberal, and fully democratic constitution. The author analyzes in detail the search for such a constitution and the current constitutional debates.

"Moscow in Movement" is the first exhaustive study of social movements, protest, and the state-society relationship in Vladimir Putin's Russia. Beginning in 2005 and running through the summer of 2013, the book traces the evolution of the relationship between citizens and their state through a series of in-depth case studies, explaining how Russians mobilized to defend human and civil rights, the environment, and individual and group interests: a process that culminated in the dramatic election protests of 2011-2012 and their aftermath. To understand where this surprising mobilization came from, and what it might mean for Russia's political future, the author looks beyond blanket arguments about the impact of low levels of trust, the weight of the Soviet legacy, or authoritarian repression, and finds an active and boisterous citizenry that nevertheless struggles to gain traction against a ruling elite that would prefer to ignore them.
On a broader level, the core argument of this volume is that political elites, by structuring the political arena, exert a decisive influence on the patterns of collective behavior that make up civil society--and the author seeks to test this theory by applying it to observable facts in historical and comparative perspective.
"Moscow in Movement" will be of interest to anyone looking for a bottom-up, citizens' eye view of recent Russian history, and especially to scholars and students of contemporary Russian politics and society, comparative politics, and sociology.

In this insightful book, Alexander Styhre examines how corporations, often understood primarily as economic entities or legal devices, seek to influence and shape the market and the wider society in which they operate. Given the scope of such activities in most advanced economies, Styhre argues that corporations are political agents in their own right and that they must be critically analyzed in these terms. The book discusses the history and mechanisms of corporate law and the introduction of regulatory control to show how this has led to the development of a 'market for political influence' in the form of the lobbyism industry, think tank scholarship and advocacy, and donations to politicians and their parties. Theoretical perspectives are complemented by empirical studies as chapters analyze a variety of practices, such as corporate social responsibility commitments, in the light of corporations' political objectives. Management studies scholars and graduate students will benefit from the broadened perspective this book adds to organization theory and management studies literature. It will also prove an insightful read for policy makers and those working in regulatory agencies, as well as management consultants.

This book examines the U.S. Constitution by focusing on its origins in Western political thought and its organization and subsequent amendments. It describes the document as a series of choices among alternative governmental institutions that are designed to provide national security and secure ordered liberty.

Laurence Pope describes the contemporary dysfunction of the State Department and its Foreign Service. He contends that in the information age diplomacy is more important than ever, and that, as President Obama has stressed, without a "change of thinking" the U.S. may be drawn into more wars it does not need to fight.

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.

The constitutional presidency is the crown jewel of the separation of powers in the American system. Designed in 1787, the office was structured to weather a wide variety of political circumstances, accommodate broad ranges of personalities in its incumbents and educate officeholders to become better presidents. Nowhere are these three effects clearer than during the brief, unelected tenure of President Gerald Ford, because he occupied the presidency amid tremendous strains on the country and the separation of powers. After the dual traumas of Watergate and Vietnam, the public was profoundly skeptical of government in general and the presidency in particular. As a result, the post-Watergate Congress claimed the mantle of public support and proposed reforms that could have crippled the presidency's constitutional powers. Weakened by the Nixon pardon, Ford stood alone in this environment without many of the informal political strengths associated with the modern presidency. As a result he had to rely, in large measure, on the formal powers of his constitutional office. Based on archival research, this book shows that Ford's presidency placed the Constitution at the center of his time in office. The constitutional presidency allowed him to preserve his own political life, his presidential office, and the separation of powers amid a turbulent chapter in American history.

Has American democracy's long, ambitious run come to an end? Possibly yes. As William G. Howell and Terry M. Moe argue in this trenchant new analysis of modern politics, the United States faces a historic crisis that threatens our system of self-government--and if democracy is to be saved, the causes of the crisis must be understood and defused. The most visible cause is Donald Trump, who has used his presidency to attack the nation's institutions and violate its democratic norms. Yet Trump is but a symptom of causes that run much deeper: social forces like globalization, automation, and immigration that for decades have generated economic harms and cultural anxieties that our government has been wholly ineffective at addressing. Millions of Americans have grown angry and disaffected, and populist appeals have found a receptive audience. These are the drivers of Trump's dangerous presidency. And after he leaves office, they will still be there for other populists to weaponize. What can be done to safeguard American democracy? The disruptive forces of modernity cannot be stopped. The solution lies, instead, in having a government that can deal with them--which calls for aggressive new policies, but also for institutional reforms that enhance its capacity for effective action. The path to progress is filled with political obstacles, including an increasingly populist, anti-government Republican Party. It is hard to be optimistic. But if the challenge is to be met, we need reforms of the presidency itself--reforms that harness the promise of presidential power for effective government, but firmly protect against the fear that it may be put to anti-democratic ends.

A look at the striking similarities between Donald Trump and Silvio Berlusconi, from their business and TV backgrounds to the unprecedented way in which they broke into politics. Both leaders introduced new language patterns, deepened the political wedge between parties, and managed to recruit a significant base of followers; should they be considered a cult, rather than political affiliation? In Norms Under Siege, Edoardo M. Fracanzani goes beyond comparisons between Trump and Berlusconi and asks what is revealed about the kind of society that would allow their rise to power.

Donald Trump's policies, from his travel ban to his approval of the Dakota Access Pipeline, have prompted an immediate response from concerned liberals. Yet what effect can protest truly have in the face of the awesome power of the executive branch? Do everyday citizens have a role in safeguarding our Constitution? Or must we rely on the federal courts, and the Supreme Court above all, to protect our dearly held rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era. Examining the most successful rights movements of the last 30 years, he reveals how groups of ordinary Americans have worked together to defend and expand our civil liberties. The lesson of the fight for marriage equality is the value of strategy of state-level activism. In the NRA's successful efforts to swing elections and influence state and federal law, we can see the power of groups that build loyal, active, and uncompromising memberships. The fight for human rights during the Iraq war illustrates how activist groups can encourage foreign populations and governments to challenge the president when our domestic institutions fail to. In a new Introduction written for the paperback edition, Cole urges us to view these past efforts as a blueprint for activism in our own era. From travel rights to protections for transgender students, and from voting rights to environmental issues, Engines of Liberty is an essential guidebook for concerned citizens seeking to defend the law of the land.

This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland's innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on 'the people,' which attracted international attention as 'crowdsourcing.' Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland's identity. The final part reflects on the reform's wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward. The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland's experience and their far-reaching implications.