Comparative Constitutional Design

Comparative Constitutional Design

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 407

ISBN-13: 1107020565

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.


Principles of Constitutional Design

Principles of Constitutional Design

Author: Donald S. Lutz

Publisher: Cambridge University Press

Published: 2006-08-28

Total Pages: 251

ISBN-13: 1139460552

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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.


Borrowing Constitutional Designs

Borrowing Constitutional Designs

Author: Cindy Skach

Publisher: Princeton University Press

Published: 2011-02-11

Total Pages: 168

ISBN-13: 1400832624

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After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.


Constitutional Design for Divided Societies

Constitutional Design for Divided Societies

Author: Sujit Choudhry

Publisher: OUP Oxford

Published: 2008-03-27

Total Pages: 496

ISBN-13: 0191021512

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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.


Patterns of Constitutional Design

Patterns of Constitutional Design

Author: Dr Fernando Mendez

Publisher: Ashgate Publishing, Ltd.

Published: 2013-09-28

Total Pages: 303

ISBN-13: 147240775X

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To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.


Presidents and Assemblies

Presidents and Assemblies

Author: Matthew Soberg Shugart

Publisher: Cambridge University Press

Published: 1992-08-28

Total Pages: 334

ISBN-13: 9780521429900

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In recent years renewed attention has been directed to the importance of the role of institutional design in democratic politics. Particular interest has concerned constitutional design and the relative merits of parliamentary versus presidential systems. In this book, the authors systematically assess the strengths and weaknesses of various forms of presidential systems, drawing on recent developments in the theoretical literature about institutional design and electoral rules. They develop a typology of democratic regimes structured around the separation of powers principle, including two hybrid forms, the premier-presidential and president-parliamentary systems, and they evaluate a number of alternative ways of balancing powers between the branches within these basic frameworks. They also demonstrate that electoral rules are critically important in determining how political authority is exercised.


The Constitution as Social Design

The Constitution as Social Design

Author: Gretchen Ritter

Publisher: Stanford University Press

Published: 2006

Total Pages: 400

ISBN-13: 9780804754385

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This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by women’s rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.


Long Walk to Freedom

Long Walk to Freedom

Author: Nelson Mandela

Publisher: Little, Brown

Published: 2008-03-11

Total Pages: 598

ISBN-13: 0759521042

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"Essential reading for anyone who wants to understand history – and then go out and change it." –President Barack Obama Nelson Mandela was one of the great moral and political leaders of his time: an international hero whose lifelong dedication to the fight against racial oppression in South Africa won him the Nobel Peace Prize and the presidency of his country. After his triumphant release in 1990 from more than a quarter-century of imprisonment, Mandela was at the center of the most compelling and inspiring political drama in the world. As president of the African National Congress and head of South Africa's antiapartheid movement, he was instrumental in moving the nation toward multiracial government and majority rule. He is still revered everywhere as a vital force in the fight for human rights and racial equality. Long Walk to Freedom is his moving and exhilarating autobiography, destined to take its place among the finest memoirs of history's greatest figures. Here for the first time, Nelson Rolihlahla Mandela told the extraordinary story of his life -- an epic of struggle, setback, renewed hope, and ultimate triumph. The book that inspired the major motion picture Mandela: Long Walk to Freedom.


Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa

Author: Alan J. Kuperman

Publisher: University of Pennsylvania Press

Published: 2015-07-16

Total Pages: 304

ISBN-13: 0812246586

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Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.