Download or read book Constitutional Negotiations written by Sumit Bisarya and Thibaut Noel and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2021-04-26 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
Download or read book The Negotiable Constitution written by Grégoire C. N. Webber and published by Cambridge University Press. This book was released on 2009-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Download or read book Constitutional Law and Regionalism written by Vito Breda and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
Download or read book Negotiating the Ottoman Constitution 1839 1876 written by Aylin Koçunyan and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the transcultural and transnational dimension of the internal genesis of the Ottoman Constitution, which was promulgated on December 23, 1876. It shows that the constitutional process incorporated, from domestic authorities to foreign Powers, a plurality of formal and informal agents of different ethno-religious, cultural, and ideological backgrounds and that its investigation goes beyond the study of a national narrative.0Considering the issue of constitutional reforms from different angles (foreign influence and pressure, the agency of domestic actors and through discourse analysis of reform decrees), the book brings a critical approach to the existing historiographical narratives, which reduce Ottoman constitutional history to a simplistic process of transplanting western legal artefacts and regimes without measuring the selective control of dominant domestic groups over the process. Instead, the book shows the evolution of a continuous set of negotiations of various actors on the idea of constitution in the Ottoman Empire and thus sheds light on the social construction of the idea of justice and constitutional law. The draft constitutions studied throughout the book are the textual embodiment of these negotiations and unveil the ways in which concepts and issues such as legitimacy, the restriction of political power, lawful government, liberty, equality, the rule of people and the treatment of minorities reached the Ottoman context and the ways in which they acquired new meanings or equivalents during their adaptation to the imperial political culture.
Download or read book Treaty making Power Under the Constitution written by John Watson Foster and published by . This book was released on 1901 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Behind a Veil of Ignorance written by Louis M. Imbeau and published by Springer. This book was released on 2015-02-19 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.
Download or read book Negotiating in Civil Conflict written by Haider Ala Hamoudi and published by University of Chicago Press. This book was released on 2013-11-12 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
Download or read book Constitutional Negotiations in Federal Reforms written by Astrid Lorenz and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mechanisms for Resolving Divisive Issues in Constitutional Negotiations written by Sujit Choudhry and published by . This book was released on 2017 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution making is a divisive process, and it must be so. In any healthy constitutional negotiation, issues will be brought to the table on which the interests of the negotiating parties diverge. Parties to constitutional negotiations are thus faced with the challenge of developing a final document in which each group within the nation can take pride and ownership, even though with respect to many divisive issues that group will not have obtained what it wanted. There can be no fool-proof algorithms for resolving divisive issues to achieve this end, but there are mechanisms with which every negotiation process should be equipped. This paper addresses mechanisms for resolving divisive issues in constitutional negotiations.
Download or read book The Rise and Fall of the EU s Constitutional Treaty written by Finn Laursen and published by BRILL. This book was released on 2008-07-31 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the EU's Constitutional Treaty, which emerged in draft form from the European Convention in the summer of 2003 and which was finalised by an Intergovernmental Conference (IGC) in June 2004. It describes the main novelties of the treaty and looks at policies of important actors, Member States and Community actors (the Commission and European Parliament) and the roles played by the Convention and the Italian and Irish Presidencies during the process of deliberation and negotiation that produced the treaty. It further studies the failure of ratification in France and the Netherlands and the implications for the process of European integration of this failure. It finally touches on the question whether a constitutional equilibrium has been reached. Since the new Lisbon Treaty negotiated in 2007 contains much of what was in the Constitutional Treaty the analyses of the book remain pertinent for this latest EU treaty.
Download or read book How constitution making fails and what we can learn from it written by Kimana Zulueta-Fülscher and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2023-05-15 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution-making is often integral to achieving a new political settlement after conflict and in fragile settings. However, the process fails with relative frequency, in that actors cannot agree on a new text or the finalized text is not approved or ratified. While failure may be temporary—the process may resume after a period of time—it can also be costly. Key reforms may depend on the adoption of a new or revised constitution, and in its absence negotiations may stall and conflict recur. This Paper starts a conversation about the potential grounds for, and strategies to prevent or build on, failure. It was developed following the Ninth Edinburgh Dialogue on Post-Conflict Constitution-Building held in September 2022.
Download or read book Constitutional Policy in Multilevel Government written by Arthur Benz and published by Oxford University Press. This book was released on 2016 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares processes of constitutional reform in federal and regionalized states.
Download or read book The Constitution of Arbitration written by Victor Ferreres Comella and published by Cambridge University Press. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.
Download or read book Arbitration and the Constitution written by Peter B. Rutledge and published by Cambridge University Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
Download or read book Canadian Constitutional Renewal 1968 1981 written by Michael B. Stein and published by IIGR, Queen's University. This book was released on 1989 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
