This edited book, written by a collection of scholars with an interest in Northern Ireland, tracks its uneasy experience with devolution following the optimistic political period associated with the 1998 Belfast (Good Friday) Agreement. The volume brings together researchers from the Economic and Social Research Council's (ESRC) 'Devolution and Constitutional Change' Programme and other experts to record four key perspectives on Northern Ireland. First, it considers the inextricable link between devolution and constitutional developments. Second, it examines how the main political parties responded to devolution and the major challenges faced by society in moving beyond conflict (such as political symbolism, the role of women, equality and human rights issues). Third, it attempts to assess some of the workings of devolved government in its short-lived form or those seeded in devolution and carried on by direct rule ministers. Finally, Northern Irelands devolved government and associated institutions are located within the wider relationships with Westminster, the Republic of Ireland and Europe. This edited volume will be of interest to students of Irish politics and public policy, but more generally, from a comparative perspective, those with an interest in devolution and constitutional change. It may even assist politicians in Northern Ireland to reflect on the real potential to restore its devolved institutions and draw back from the brink of permanently copper-fastening 'direct rule' from Westminster. -- .

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.

Globalization has reconfigured both the external institutional framework and the intrinsic operating mechanisms of capitalism. The global triumph of capitalism implies the embracing of the market by the state in all its variants, and that global capitalism is not confined to the shell of nation-state democracy. Guoguang Wu provides a theoretical framework of global capitalism for specialists in political economy, political science, economics and international relations, for graduate and undergraduate courses on globalization, capitalism, development and democracy, as well as for the public who are interested in globalization. Wu examines the new institutional features of global capitalism and how they reframe movements of capital, labor and consumption. He explores how globalization has created a chain of connection in which capital depends on effective authoritarianism, while democracy depends on capital. Ultimately, he argues that the emerging state-market nexus has fundamentally shaken the existing institutional systems, harming democracy in the process.

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.

This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution's Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment's promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court's ultimate decisions in these cases.

Die Grondwet is die hoogste wet van die republiek en raak elke landsburger op verskeie maniere. Persoonlike regte word deur die Grondwet gewaarborg. Besonderhede oor die magte en pligte van die Parliment, die provinsiale wetgewer en plaaslike owerhede word in die Grondwet uiteengesit. In hierdie publikasie word die Grondwet in maklike taal verduidelik aan die mense vir wie dit geskryf is.

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.

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.

"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.

'Always forgive your enemies - but never forget their names.' JFK 'What do you want to be a sailor for? There are greater storms in politics than you will ever find at sea. Piracy, broadsides, blood on the decks. You will find them all in politics.' David Lloyd George 'Unchallenged master of the self-inflicted wound.' Nicholas Soames on Boris Johnson, apropos his switch to campaigning for Brexit Structured to follow the arc of a life in politics - from childhood aspirations and first attempts at getting elected, to navigating the back benches, ascending the greasy pole, dealing with detractors, facing crises, and finally escaping - this unique collection weaves together the wittiest, wisest and most acerbic political quotations from the last 2,000 years. Punctuated throughout by candid insights from Sir Vince Cable, How to Be a Politician is a timeless and entertaining education in the dark arts of politics.

In this provocative new study, Iain McLean argues that the traditional story of the British constitution does not make sense. It purports to be both positive and normative: that is, to describe both how people actually behave and how they ought to behave. In fact, it fails to do either; it is not a correct description and it has no persuasive force. The book goes on to offer a reasoned alternative.
The position that still dominates the field of constitutional law is that of parliamentary sovereignty (or supremacy). According to this view, the supreme lawgiver in the United Kingdom is Parliament. Some writers in this tradition go on to insist that Parliament in turn derives its authority from the people, because the people elect Parliament. An obvious problem with this view is that Parliament, to a lawyer, comprises three houses: monarch, Lords, and Commons. The people elect only one of those three houses.
This book aims to show, contrary to the prevailing view, that the UK exists by virtue of a constitutional contract between two previously independent states. Professor McLean argues that the work of the influential constitutional theorist A.V. Dicey has little to offer those who really want to understand the nature of the constitution. Instead, greater understanding can be gleaned from considering the 'veto plays' and 'credible threats' available to politicians since 1707. He suggests that the idea that the people are sovereign dates back to the 17th century (maybe the 14th in Scotland), but has gone underground in English constitutional writing. He goes on to show that devolution and the UK's relationship with the rest of Europe have taken the UK along a constitutionalist road since 1972, and perhaps since 1920. He concludes that no intellectually defensible case can be made for retaining an unelected house of Parliament, an unelected head of state, or an established church.
The book will be essential reading for political scientists, constitutional lawyers, historians, and politicians alike.

The developments of early 2011 changes the political landscape of the Middle East. But even as urgent struggles continue, it remains clear that authoritarianism will survive this transformational moment. The study of authoritarian governance, therefore, remains essential for our understanding of the political dynamics and inner workings of regimes across the region. This volume considers the Syrian and Iranian regimes-what they share in common and what distinguishes them. Too frequently, authoritarianism has been assumed to be a generic descriptor of the region and differences among regimes have been overlooked. But as the political trajectories of Middle Eastern states diverge in years ahead, with some perhaps consolidating democratic gains while others remaining under distinct and resilient forms of authoritarian rule, understanding variations in modes of authoritarian governance and the attributes that promote regime resilience becomes an increasingly urgent priority.

Originalism as Faith presents a comprehensive history of the originalism debates. It shows how the doctrine is rarely used by the Supreme Court, but is employed by academics, pundits and judges to maintain the mistaken faith that the Court decides cases under the law instead of the Justices' personal values. Tracing the development of the doctrine from the founding to present day, Eric J. Segall shows how originalism is used by judges as a pretext for reaching politically desirable results. The book also presents an accurate description and evaluation of the late Justice Scalia's jurisprudence and shows how he failed to practice the originalism method that he preached. This illuminating work will be of interest to lawyers, law students, undergraduates studying the Court, law professors and anyone else interested in an honest discussion and evaluation of originalism as a theory of constitutional interpretation, a political weapon, and an article of faith.

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

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.

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.

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.

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.

The European Union is increasingly being asked to manage crises inside and outside the Union. From terrorist attacks to financial crises, and natural disasters to international conflicts, many crises today generate pressures to collaborate across geographical and functional boundaries. What capacities does the EU have to manage such crises? Why and how have these capacities evolved? How do they work and are they effective? This book offers an holistic perspective on EU crisis management. It defines the crisis concept broadly and examines EU capacities across policy sectors, institutions and agencies. The authors describe the full range of EU crisis management capacities that can be used for internal and external crises. Using an institutionalization perspective, they explain how these different capacities evolved and have become institutionalized. This highly accessible volume illuminates a rarely examined and increasingly important area of European cooperation.

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

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.