Africa Yearbook Volume 16
Africa Yearbook Volume 16

Author:

Publisher: BRILL

Published: 2020-09-25

Total Pages: 580

ISBN-13: 9004430016

DOWNLOAD EBOOK

The Africa Yearbook covers major domestic political developments, the foreign policy and socio-economic trends in sub-Sahara Africa – all related to developments in one calendar year. The Yearbook contains articles on all sub-Saharan states, each of the four sub-regions (West, Central, Eastern, Southern Africa) focusing on major cross-border developments and sub-regional organizations as well as one article on continental developments and one on African-European relations. While the articles have thorough academic quality, the Yearbook is mainly oriented to the requirements of a large range of target groups: students, politicians, diplomats, administrators, journalists, teachers, practitioners in the field of development aid as well as business people.

On Reading the Constitution
On Reading the Constitution

Author: Laurence H. TRIBE

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 157

ISBN-13: 0674044452

DOWNLOAD EBOOK

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Designing Democracy
Designing Democracy

Author: Cass R. Sunstein

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 300

ISBN-13: 9780195158403

DOWNLOAD EBOOK

A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.

Comparative Constitutional Design
Comparative Constitutional Design

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 407

ISBN-13: 1107020565

DOWNLOAD EBOOK

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

A Constitution of the People and How to Achieve It
A Constitution of the People and How to Achieve It

Author: Aarif Abraham

Publisher: BoD – Books on Demand

Published: 2021-04-30

Total Pages: 382

ISBN-13: 3838215168

DOWNLOAD EBOOK

Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

The Constitution in Conflict
The Constitution in Conflict

Author: Robert A. Burt

Publisher: Harvard University Press

Published: 1992

Total Pages: 492

ISBN-13: 9780674165366

DOWNLOAD EBOOK

In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Rationing the Constitution
Rationing the Constitution

Author: Andrew Coan

Publisher: Harvard University Press

Published: 2019-04-29

Total Pages: 281

ISBN-13: 0674986954

DOWNLOAD EBOOK

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

Democracy in Africa
Democracy in Africa

Author: Nic Cheeseman

Publisher: Cambridge University Press

Published: 2015-05-12

Total Pages: 269

ISBN-13: 1316239489

DOWNLOAD EBOOK

This book provides the first comprehensive overview of the history of democracy in Africa and explains why the continent's democratic experiments have so often failed, as well as how they could succeed. Nic Cheeseman grapples with some of the most important questions facing Africa and democracy today, including whether international actors should try and promote democracy abroad, how to design political systems that manage ethnic diversity, and why democratic governments often make bad policy decisions. Beginning in the colonial period with the introduction of multi-party elections and ending in 2013 with the collapse of democracy in Mali and South Sudan, the book describes the rise of authoritarian states in the 1970s; the attempts of trade unions and some religious groups to check the abuse of power in the 1980s; the remarkable return of multiparty politics in the 1990s; and finally, the tragic tendency for elections to exacerbate corruption and violence.

Against Constitutionalism
Against Constitutionalism

Author: Martin Loughlin

Publisher: Harvard University Press

Published: 2022-05-17

Total Pages: 273

ISBN-13: 0674268024

DOWNLOAD EBOOK

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.