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Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2020-04-30
Total Pages: 325
ISBN-13: 1108487734
DOWNLOAD EBOOKAsks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
Author: Richard H. FALLON
Publisher: Harvard University Press
Published: 2009-06-30
Total Pages: 199
ISBN-13: 0674036670
DOWNLOAD EBOOKThis book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Author: FRELOGA.
Publisher:
Published: 1997
Total Pages: 105
ISBN-13:
DOWNLOAD EBOOKAuthor: William MacDonald
Publisher:
Published: 1921
Total Pages: 280
ISBN-13:
DOWNLOAD EBOOKAuthor: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2016-08-30
Total Pages: 447
ISBN-13: 1316712575
DOWNLOAD EBOOKFrom London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
Author: Larry J. Sabato
Publisher: Bloomsbury Publishing USA
Published: 2010-07-23
Total Pages: 353
ISBN-13: 0802777562
DOWNLOAD EBOOK"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
Author: Winluck Wahiu
Publisher:
Published: 2011
Total Pages:
ISBN-13:
DOWNLOAD EBOOK"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Author: Alexander D. Berndt
Publisher: Nomos Verlagsgesellschaft
Published: 2017
Total Pages: 0
ISBN-13: 9783848741540
DOWNLOAD EBOOKThis publication is a timely and careful response to some of the opportunities and challenges that Zimbabwe is currently facing. The contributions are an outflow from the conference held in March 2015 in Harare, entitled "Assessing Progress in the Implementation of Zimbabwe's New Constitution: National, Regional and Global Perspectives". Also by drawing from comparative perspectives, the contributors, who include policy-makers, members of the judiciary, and constitutional law experts, both Zimbabwean and international, reflect among others on the challenge of constitutional alignment, the role of the civil and security services in a constitutional democracy and the role of institutions such as independent commissions and related institutions in entrenching a democratic culture and the rule of law. This publication aims to foster an open intellectual and legal dialogue on Zimbabwe's new Constitution and what it means in daily practice for the people of Zimbabwe.
Author: Godwin R. Murunga
Publisher: Zed Books Ltd.
Published: 2014-12-11
Total Pages: 234
ISBN-13: 1780323689
DOWNLOAD EBOOKThe aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
Author: Michael M Dediu
Publisher:
Published: 2020-05-28
Total Pages: 152
ISBN-13: 9781950999149
DOWNLOAD EBOOKFor thousands of years, wars and violence were used to change something in the world - now, finally, all people will have a smooth, peaceful and harmonious transition to the new Constitution of the World, just published on 7 March 2020.The big family of over 7.7 billions of people living on Earth want a good and friendly implementation of this new, sharp, clear, nonviolent and sustainable Constitution of the World, which will finally eliminate wars, nuclear arms, and many other deadly habits of the past.Celebrating this year 250th anniversary of Ludwig van Beethoven fits perfectly with having this new lovely Constitution, which will start the next 10,000 years of harmony.In this book we present this pleasant implementation of the new Constitution of the World, which, finally, will create the conditions for a pacific, free and prosperous new country, Peaceful Terra.
