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 discrepancy between the fourteenth amendment's true meaning as originally understood, and the Supreme Court's interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people's rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court's constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.

Tracing the political, ideological, and constitutional arguments from the imperial crisis with Britain and the drafting of the Articles of Confederation to the ratification of the Constitution and the political conflict between Federalists and Jeffersonians, The American Revolution, State Sovereignty, and the American Constitutional Settlement, 1765-1800 reveals the largely forgotten importance of state sovereignty to American constitutionalism. Contrary to modern popular perceptions and works by other academics, the Founding Fathers did not establish a constitutional system based upon a national popular sovereignty nor a powerful national government designed to fulfill a grand philosophical purpose. Instead, most Americans throughout the period maintained that a constitutional order based upon the sovereignty of states best protected and preserved liberty. Enshrining their preference for state sovereignty in Article II of the Articles of Confederation and in the Tenth and Eleventh Amendments to the federal constitution, Americans also claimed that state interposition-the idea that the states should intervene against any perceived threats to liberty posed by centralization-was an established and accepted element of state sovereignty.

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal and with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the founding period of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela and explores their legacy to our time.

From cooperation to a new cold war: is this the future for today's two great powers?. U.S. policy toward China is at an inflection point. For more than a generation, since the 1970s, a near-consensus view in the United States supported engagement with China, with the aim of integrating China into the U.S.-led international order. By the latter part of the 2010s, that consensus had collapsed as a much more powerful and increasingly assertive China was seen as a strategic rival to theUnited States. How the two countries tackle issues affecting the most important bilateral relationship in the world will significantly shape overall international relations for years to come.In this timely book, leading scholars of U.S.-China relations and China's foreign policy address recent changes in American assessments of China's capabilities and intentions and consider potential risks to international security, the significance of a shifting international distribution of power, problems of misperception, and the risk of conflicts. China's military modernization, its advancing technology, and its Belt and Road Initiative, as well as regional concerns, such as the South China Sea disputes, relations with Japan, and tensions on the Korean Peninsula, receive special focus.

America's War on Same-Sex Couples and Their Families is a legal, political, and social history of constitutional amendments in twenty American states (with 43 percent of the nation's population) that prohibited government recognition of all forms of relationship rights (marriage, civil unions, and domestic partnerships) for same-sex couples. Based on 175 interviews with gay and lesbian pairs in Georgia, Michigan, North Carolina, Ohio, Texas, and Wisconsin, the volume has great human-interest value and chronicles how same-sex couples and their children coped within harsh legal environments. The work ends with a lively explanation of how the federal judiciary rescued these families from their own governments. In addition, the book provides a model of the grassroots circumstances under which harassed minority groups migrate out of oppressive state regimes, together with an estimate of the economic and other costs (to the refugees and their governments) of the flight from persecution.

The use of regulation to control behavior is a defining feature of modern government, penetrating a wide range of social and economic life, from health and social care to transport and environmental protection. This book offers a detailed study of how regulation works in practice, its legal framework, and the arguments surrounding its economic and social impact.
The book focuses on a range of British regulatory bodies, including the Human Fertilization and Embryology Authority, the Food Standards Agency, the Environment Agency, the Health and Safety Executive, the regulators for health and social care, and the utility regulators covering communications, energy, rail, and water. It uncovers the complex network of different institutions that constitute the regulatory enterprise, including central government departments and European institutions. It argues that effective regulatory accountability requires that the relations between the different bodies are clear and transparent, and assesses the extent to which this is achieved in practice.
The book highlights the range of tasks which regulators perform. Many regulators are responsible for economic regulation aimed at increasing efficiency and promoting consumer choice, but they also have other roles, notably protecting human rights, promoting social solidarity and social inclusion, and providing a forum for deliberation and learning through listening to different interests. The different legal duties of regulators, and their operation in practice, are examined in relation to these different roles, with an emphasis on how regulators ought to decide and how they can be held accountable for their decisions.
Finally the book looks at how regulators themselves are regulated as part of the 'better regulation' initiative, examining attempts to reduce regulatory burdens and to improve regulatory procedures, for example through the use of regulatory impact analysis. It also features comparative analysis of experience from France and the USA.

In America's Constitution, one of this era's most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world's great political texts. Incisive, entertaining, and occasionally controversial, this "biography" of America's framing document explains not only what the Constitution says but also why the Constitution says it.
We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding "We the People," was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators' inspired genius.
Despite the Constitution's flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America's Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why-for now, at least-only those citizens who were born under the American flag can become president.
From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation's history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document's later amendments eventually extended the vote to virtually all Americans.
We also learn that the Founders' Constitution was far more slavocratic than many would acknowledge: the "three fifths" clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic's first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln's election.
Ambitious, even-handed, eminently accessible, and often surprising, America's Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

"From the Hardcover edition."

This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.

America is in the throes of a cultural war-one that threatens us from within and without. So-called "progressive" individuals and organizations are falsely using the words of our founding fathers to achieve the antithesis of their design for our nation. The first Americans sought freedom of religion; today we face freedom from religion. The framers of the constitution sought liberty; modern interpretations promote licentiousness. The early settlers believed in absolute morality; today's liberals advocate relative morality.

What If America Were a Christian Nation Again? offers encouragement about God's providential hand on our nation-and hope that it's not too late to save. The authors provide a specific blueprint to preserve and restore our country to its original intent. In three sections (Where We Came From, Where We Are, Where We Are Going), they offer concrete examples from history, in-depth analysis of current conditions, and strategies for developing "a new birth of freedom."

There is a general consensus in the scholarly literature that the post-colonial state in Africa has failed. Some states (Liberia, Rwanda, Sierra Leone, Somalia) have collapsed. Various arguments have been proffered to explain this dynamics of African state failure and collapse. However, the literature on state reconstitution is inchoate and minimal. This edited volume focuses on prescriptions for reconstituting the post-colonial state in Africa. Essays on nine African states (Burundi, the Democratic Republic of the Congo, Ethiopia, Kenya, Nigeria, Sierra Leone, Somalia, South Africa, and Uganda) are preceded by an introduction to the political economy of the African state.

Since the end of the Cold War, and particularly in the post-9/11 international environment, neutrality has been conceptualised as a problematic subject. With the end of bipolarity, neutrality as a foreign and security policy lost much of its justification, and in the ongoing 'War on Terror', no state, according to the Bush Administration, can be neutral. However, much of this debate has gone unnoticed in IR literature. This book, newly available in paperback, examines the conceptualisation of neutrality from the Peloponnesian War to the present day, uncovering how neutrality has been a neglected and misunderstood subject in IR theory and politics. By rethinking neutrality through constructivism, this book argues that neutrality is intrinsically linked to identity. Using Sweden as a case study, it links identity, sovereignty, internationalism and solidarity to the debates about Swedish neutrality today and how neutrality has been central to Swedish identity and its world-view. Rather than viewing Swedish neutrality as the policy of isolationism or small and weak states, this book argues that Swedish neutrality is an embedded part of Swedish identity, and its domestic sources stem from the ideology and vision of Social Democracy. Far from isolationist, Sweden practiced an active form of neutrality, acting as the 'moral voice' of the global community. Identities are malleable, however, and this book examines the shifts in Swedish identity and neutrality. European integration, globalisation, new threats to security, and the arguments about decline of the state and sovereignty have impacted on neutrality. Whilst many are quick to herald its demise, this book argues that the norms and values of active neutrality can be reworked to contribute to a more cosmopolitan international order.

This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.

In this illuminating examination of the Obama presidency, the contributors describe the policy directions followed, and the administration's level of success in achieving its objectives. Throughout the Obama administration, efforts were intended to alleviate the worst of the economic stress facing the nation, move the president closer to the center of the American political spectrum, and prepare for the upcoming reelection campaign, to be fought primarily on the same issues as the earlier one. The contributors present an analysis of the motivations and political thinking underlying the administration's action along with assessments of the policy consequences of the issue agenda favored and the public's reaction. The Obama Presidency is an in-depth account of one of the most intriguing and important presidencies at a time of economic crisis that goes a long way in explaining the policy decisions made and their political consequences, as well as the choices facing a nation in transition.

In January of 1999, the arrest of Wen Ho Lee, the Los Alamos scientist who was falsely accused under a cloud of suspicion of espionage by the U.S. government and imprisoned without trial, sparked controversy throughout the country. It triggered concern for national security, debate about racial profiling and media distortion, and outrage over a return to McCarthy-era paranoia. Throughout the ordeal, Wen Ho Lee quietly and steadfastly maintained his innocence. Now he tells his story.

This compelling narrative takes readers inside Los Alamos, revealing how violations of national security were ubiquitous throughout the weapons lab. Dr. Lee describes how the FBI infiltrated his private life -- spying on him for nearly two decades. He relates his own anti-Communist stance, the results of tragic events from his past, and explains how he even assisted the FBI, protecting nuclear secrets. He details his brutal treatment in jail, and how such treatment, without factual justification, is protected under U.S. law. Finally Dr. Lee explains why he downloaded codes, demonstrating once and for all that he was innocent of every charge leveled against him except for one simple procedure common throughout the lab. A riveting story about prejudice, fear, suspicion -- and courage -- My Country Versus Me offers at last a clear and truthful account of one of the great miscarriages of justice of our time.

The field of knowledge for development now occupies a top position on the agenda of all Asian governments as well as large development organizations. This book reflects this mega-trend of development towards KBEs (Knowledge Based Economies). For this 2nd edition all chapters have been thoroughly edited and data, tables and graphs have been updated to reflect the latest available statistics. Trends have been re-evaluated and adjusted to reflect recent developments in the fast-moving scene of knowledge governance and knowledge management.

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

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.

Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism-of which America was a part along with Britain and France-reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism-from Europe, Latin America, and the Caribbean region, to Asia and Africa-beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.

Meticulously detailed coverage of the life, politics, and legacy of one of our nation's most influential presidents Drawing on the latest in Lincoln scholarship, The Political Lincoln: An Encyclopedia-published to coincide with the bicentennial of Lincoln's birth-uniquely addresses the political aspects of the sixteenth president's actions, influence, and legacy. Detailed entries present sophisticated yet accessible analysis of Lincoln's democratic ideas and policies about slavery and emancipation, the emergence of the Republican Party, how Lincoln viewed the Civil War and how the war affected him, the major and minor figures in his life, and much, much more.

As corporate practices are becoming more fused with state processes, the state itself is increasingly taking on a corporate structure, as well as a more overt oligarchic character. Evidence of this can be seen in the growing domination of political organizations and institutions by close-knit social groups (familial dynasties, closed associations, or personal networks) that seek exclusive control over economic resources. These new forms of state power that are emerging are not reducible to the past, and the nation-state, as the essays in this volume show, is giving way to a political-economic formation that has multiple state-like effects and is able to act in ways systemic with deterritorializing global processes. Exploring these processes in different concrete locations from North America to Russia, West Africa, and Australia, the authors show that current configurations of global, imperial, and state power cannot be understood without examining their relation to formations of oligarchic control. They bring us closer to an understanding of the ways in which the nation-state is being transformed by globalization.

The Reformer John Calvin has influenced America in a formative way. Calvin remains respected as a theologian to whose work intellectuals on both the right and left appeal. In the nineteen-nineties, Evangelicals and Catholics Together (ECT) formed a politically influential ecumenical coalition to oppose abortion and change the culture. Its ecumenism of the trenches influenced the administration of George W. Bush and continues to influence religious elements in the Tea Party. Evangelicals in the coalition presume to speak for Calvin. This book provides a counter argument. Calvin rejects the ethics advocated by ECT, an ethics of individual virtue, conscience and natural right. Instead, he affirms an ethics of obedience to the authority of secular government as an institution with a divinely ordained mandate. This work considers the following themes in Calvin: *Calvin on Faith. Modern and postmodern philosophical approaches, including Reformed epistemology, do not explain how Calvin understood faith. Faith is divine activity. Belief is human activity. Faith is not a belief system or worldview on which to base a political theology. The author provides four Augustinian theses about Calvin on faith *Calvin on Sanctification. Calvin rejected virtue ethics or an ethics of individual conscience. His ethics require self-denial and service. An important requirement of his ethics is obedience to government. The author provides three theses about Calvin on sanctification, as a critique of attempts to revive virtue ethics. *Calvin on Natural Law. Calvin's doctrine of natural law is one of the most vexed issues in Calvin studies. The author provides five theses to clarify Calvin's doctrine of natural law. For Calvin, secular government transcends the authority of conscience, and Christians in conscience are required to obey it. In conclusion, the author discusses Karl Barth's interpretation of Calvin and its relevance for the church struggle against the Third Reich. Based on his analysis of Calvin, he provides a defense of gay marriage and the right to terminate a pregnancy, as well as an analysis of religious freedom. Calvin would reject ECT's theology of virtue, conscience and natural law. But he would affirm its ecumenism as a possible path out of culture war.

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.

In Worth Fighting For, former Vice President Dan Quayle brings to the nation an experienced awareness of the many challenges ahead. The stakes are high. But, he knows that your dreams, your hopes, your family and your future are worth fighting for.