An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.
John Rawls (1921-2002) is widely held to be amongst the most important political philosophers for over a century. This volume, which is the first work of its kind to publish in one place the most influential essays in the field, features articles on a wide range of subjects including constitutionalism, democratic theory, egalitarianism, feminism, global justice, political liberalism, the rule of law, and public reason. The collection informs scholars and students coming to the study of Rawls's work for the first time of the importance and complexity of Rawl's ideas, and sheds light on how these ideas might be further improved and applied.
#1 NEW YORK TIMES BESTSELLER • Brené Brown has taught us what it means to dare greatly, rise strong, and brave the wilderness. Now, based on new research conducted with leaders, change makers, and culture shifters, she’s showing us how to put those ideas into practice so we can step up and lead. Don’t miss the five-part HBO Max docuseries Brené Brown: Atlas of the Heart! NAMED ONE OF THE BEST BOOKS OF THE YEAR BY BLOOMBERG Leadership is not about titles, status, and wielding power. A leader is anyone who takes responsibility for recognizing the potential in people and ideas, and has the courage to develop that potential. When we dare to lead, we don’t pretend to have the right answers; we stay curious and ask the right questions. We don’t see power as finite and hoard it; we know that power becomes infinite when we share it with others. We don’t avoid difficult conversations and situations; we lean into vulnerability when it’s necessary to do good work. But daring leadership in a culture defined by scarcity, fear, and uncertainty requires skill-building around traits that are deeply and uniquely human. The irony is that we’re choosing not to invest in developing the hearts and minds of leaders at the exact same time as we’re scrambling to figure out what we have to offer that machines and AI can’t do better and faster. What can we do better? Empathy, connection, and courage, to start. Four-time #1 New York Times bestselling author Brené Brown has spent the past two decades studying the emotions and experiences that give meaning to our lives, and the past seven years working with transformative leaders and teams spanning the globe. She found that leaders in organizations ranging from small entrepreneurial startups and family-owned businesses to nonprofits, civic organizations, and Fortune 50 companies all ask the same question: How do you cultivate braver, more daring leaders, and how do you embed the value of courage in your culture? In this new book, Brown uses research, stories, and examples to answer these questions in the no-BS style that millions of readers have come to expect and love. Brown writes, “One of the most important findings of my career is that daring leadership is a collection of four skill sets that are 100 percent teachable, observable, and measurable. It’s learning and unlearning that requires brave work, tough conversations, and showing up with your whole heart. Easy? No. Because choosing courage over comfort is not always our default. Worth it? Always. We want to be brave with our lives and our work. It’s why we’re here.” Whether you’ve read Daring Greatly and Rising Strong or you’re new to Brené Brown’s work, this book is for anyone who wants to step up and into brave leadership.
“Dear Lord, I pray that all limitations, weaknesses, defects, pain, hurt, mistakes, embarrassment, and imperfection in my personal and public life, relationships and circumstances be eliminated.” This book is for any woman who has ever prayed this prayer or for the one who has even thought it. Joan Webb, a self-proclaimed recovering perfectionist, knows how hard it is for determined and caring women to step into the relief of imperfection. And yet, this is exactly what God wants for us. The Relief of Imperfection encourages the reader to believe the truth about God, others, herself and her reality, thus eventually releasing her from the pursuit of perfection to relax in the relief of imperfection. Webb provides real-life stories, including how Jesus lived in the midst of imperfect surroundings, to show that it is OK with God to cease trying to appear perfect and have all the right answers all the time. Readers will find permission to stop pretending and start enjoying authentic, intimate relationships with others, with themselves and with God.
In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.
In Imperfect Leadership: A book for leaders who know they don't know it all, Steve Munby eloquently reflects upon and describes a leadership approach that is strong on self-awareness and positive about the importance of asking for help. Foreword by Michael Fullan. When asked to describe his own leadership style, Steve uses the word 'imperfect' . This is not something he apologises for; he feels imperfect leadership should be celebrated. Too often we are given examples of leaders who are put on some kind of pedestal, lauded as superheroes who have it all worked out and are so good at what they do that nobody else can come close. This book is the antidote to that flawed perception. Imperfect Leadership is an honest reflection upon leadership. It is about Steve's journey, covering his highs and lows and, ultimately, how he learned to refine and improve his leadership. It is about messy, trial-and-error, butterflies-in-the-stomach leadership and about thoughtful and invitational leadership - and the positive impact it can have. At the heart of the book are edited highlights of the 12 keynote speeches delivered to increasingly large audiences of school leaders between 2005 and 2017. These speeches, delivered at the Seizing Success and Inspiring Leadership conferences, form the structure around which Steve's story and insights are wrapped. Steve's account covers some fundamental shifts in the English education system over this 12-year period and describes how school leaders altered their leadership as this context changed. Furthermore, it delves into how his own leadership developed as his personal context changed, and explores how the notion that a leader needs to be good at all aspects of leadership is not only unrealistic, but is also bad for the mental and physical health of leaders and will do nothing to attract new people into leadership positions. Ultimately, Steve hopes that as you read this book you will see the value of imperfect leadership and of the positive impact it can make. For those reading it who have yet to step up into leadership, his sincere wish is that it will encourage and empower aspirational leaders rather than discourage them. Suitable for all those in or aspiring to leadership positions in education.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
