Read and Download eBook Full
Author: Laurel E. Miller
Publisher: US Institute of Peace Press
Published: 2010
Total Pages: 737
ISBN-13: 1601270550
DOWNLOAD EBOOKAnalyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author: Francesco Biagi
Publisher: Cambridge University Press
Published: 2020-01-02
Total Pages: 261
ISBN-13: 1108489397
DOWNLOAD EBOOKA comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Author: 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: George Anderson
Publisher: Oxford University Press
Published: 2019-03-07
Total Pages: 556
ISBN-13: 0192573616
DOWNLOAD EBOOKThis collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Author: Andrea Bonime-blanc
Publisher:
Published: 2019-10-02
Total Pages: 182
ISBN-13: 9780367288525
DOWNLOAD EBOOKAfter the death of longtime dictator Generalissimo Franco in 1975, King Juan Carlos acted decisively to institute a dramatic change in Spanish politics. By appointing an unknown Christian democrat, Adolfo Suarez, as prime minister, the king paved the way for the transformation of Spain from an authoritarian regime to a liberal democracy. Central to this singular transition was the formulation of the new Spanish constitution, an unusual process of political give and take. Dr. Bonime-Blanc examines the evolutionary phases of the constitution-making process, describing the conflicts, maneuvers, and compromises of the principal political players involved. Analyzing the negotiations and their constitutional results, she pinpoints the factors that make a successful transition to democracy possible. In her closing chapter, the author illustrates the lessons of the Spanish case and their practical implications for future transitions to democracy.
Author: Gabor Attila Toth
Publisher: Central European University Press
Published: 2012-12-20
Total Pages: 589
ISBN-13: 6155225184
DOWNLOAD EBOOKMore than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.
Author: Andrea Castagnola
Publisher: Routledge
Published: 2016-11-03
Total Pages: 191
ISBN-13: 1315520605
DOWNLOAD EBOOKAfter more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author: Donald L. Horowitz
Publisher: Cambridge University Press
Published: 2013-03-25
Total Pages: 345
ISBN-13: 1107027276
DOWNLOAD EBOOKHow did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author: László Sólyom
Publisher: University of Michigan Press
Published: 2000
Total Pages: 444
ISBN-13: 9780472109654
DOWNLOAD EBOOKDescribes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Author: Vivien Hart
Publisher:
Published: 2003
Total Pages: 12
ISBN-13:
DOWNLOAD EBOOK