American Constitutionalism Heard Round the World, 1776-1989
American Constitutionalism Heard Round the World, 1776-1989

Author: George Athan Billias

Publisher: NYU Press

Published: 2011-12

Total Pages: 560

ISBN-13: 0814725171

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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.

Modern Constitutions
Modern Constitutions

Author: Rogers M. Smith

Publisher: Democracy, Citizenship, and Company

Published: 2020

Total Pages: 336

ISBN-13: 0812252349

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The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.

The Cambridge Handbook of Deliberative Constitutionalism
The Cambridge Handbook of Deliberative Constitutionalism

Author: Ron Levy

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 723

ISBN-13: 1108304796

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Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Rule of Law and Fundamental Rights
Rule of Law and Fundamental Rights

Author: Alfredo Narváez Medécigo

Publisher: Springer

Published: 2015-11-07

Total Pages: 275

ISBN-13: 3319245627

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

The Routledge Companion to the French Revolution in World History
The Routledge Companion to the French Revolution in World History

Author: Alan Forrest

Publisher: Routledge

Published: 2015-09-16

Total Pages: 364

ISBN-13: 1317413873

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The Routledge Companion to the French Revolution in World History engages with some of the most recent trends in French revolutionary scholarship by considering the Revolution in its global context. Across seventeen chapters an international team of contributors examine the impact of the Revolution not only on its European neighbours but on Latin America, North America and Africa, assess how far events there impacted on the Revolution in France, and suggest something of the Revolution’s enduring legacy in the modern world. The Companion views the French Revolution through a deliberately wide lens. The first section deals with its global repercussions from the Mediterranean to the Caribbean and includes a discussion of major insurrections such as those in Haiti and Venezuela. Three chapters then dissect the often complex and entangled relations with other revolutionary movements, in seventeenth-century Britain, the American colonies and Meiji Japan. The focus then switches to international involvement in the events of 1789 and the circulation of ideas, people, goods and capital. In a final section contributors throw light on how the Revolution was and is still remembered across the globe, with chapters on Russia, China and Australasia. An introduction by the editors places the Revolution in its political, historical and historiographical context. The Routledge Companion to the French Revolution in World History is a timely and important contribution to scholarship of the French Revolution.

A History of Western Public Law
A History of Western Public Law

Author: Bruno Aguilera-Barchet

Publisher: Springer

Published: 2014-12-31

Total Pages: 788

ISBN-13: 331911803X

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The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

Lincoln and the Triumph of the Nation
Lincoln and the Triumph of the Nation

Author: Mark E. Neely Jr.

Publisher: Univ of North Carolina Press

Published: 2011-11-21

Total Pages: 417

ISBN-13: 0807869023

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The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.

A Distinct Judicial Power
A Distinct Judicial Power

Author: Scott Douglas Gerber

Publisher: Oxford University Press

Published: 2011-01-10

Total Pages: 440

ISBN-13: 019978096X

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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.

Transnational Constitution Making
Transnational Constitution Making

Author: Alicia Pastor y Camarasa

Publisher: Taylor & Francis

Published: 2024-06-14

Total Pages: 228

ISBN-13: 1040035752

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This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Constitution-Making and Transnational Legal Order
Constitution-Making and Transnational Legal Order

Author: Gregory Shaffer

Publisher: Cambridge University Press

Published: 2019-04-18

Total Pages: 335

ISBN-13: 1108602592

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Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.