Download or read book Constitutional Predicament written by Curtis Cook and published by McGill-Queen's Press - MQUP. This book was released on 1994-05-16 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canada's fifth effort at "mega-constitutional politics" was a period of popular discussion and leadership negotiation, that ran from the defeat in 1990 of the Meech Lake Accord through the Charlottetown Accord and the referendum of 26 October 1992. Constitutional Predicament explores the referendum in relation to the democratic process; nationalism (Canadian, Aboriginal, Québécois) and pluralism; principles of constitutionalism, constitution-making, and popular participation in constitution-making; the role of the Charter and Supreme Court; future constitutional efforts; and worldwide trends. The contributors agree that Canadian voters rejected the Charlottetown proposals because they disapproved of both their content and the procedure by which they were drawn up. They conclude that, while Quebec remains the chief problem for the Canadian constitution, Quebec was not the sole constitutional issue or the sole issue which determined how Canadians voted. The constitutional process did help make it apparent that Canada is multinational and that each of the three major nations has valid claims on the political system. The contributors offer contrasting views on how the Charlottetown Accord came to read as it does, why negotiators at Charlottetown so misjudged public opinion, and the prognosis for further constitution-making. Readers may also see the referendum vote as a preview of the vote in the general election of October 1993, which unseated the Tories one year later, almost to the day. Taken together with the accompanying provocative commentaries, the essays will be of specific interest to students of Canadian politics and constitutional affairs. The complete text of the Charlottetown Accord is included in an appendix. The contributors and commentators are Janet Ajzenstat, Alan C. Cairns, Curtis Cook, Barry Cooper, Peter Emberley, David Hendrickson, Robert J. Jackson, Juan Lindau, F.L. Morton, Alain Noël, and James Tully.
Download or read book The Policy State written by Karen Orren and published by Harvard University Press. This book was released on 2017-10-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: Public policy and state formation -- The policy motive -- Rights in the policy state -- Structure in the policy state -- Politics in the policy state
Download or read book War and Liberty written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning author Stone has created an in-depth examination of how constitutional rights have fared under the current president, and reveals how the government has suppressed civil liberties in times of war throughout American history.
Download or read book The Policy State written by Karen Orren and published by Harvard University Press. This book was released on 2017-10-23 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy is government’s response to changing times, the key to its successful adaptation. It tackles problems as they arise, from foreign relations and economic affairs to race relations and family affairs. Karen Orren and Stephen Skowronek take a close look at this well-known reality of modern governance: the expanded domain of the “policy state.”
Download or read book Constitutional Predicament written by Curtis Cook and published by McGill-Queen's Press - MQUP. This book was released on 1994 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by prominent Canadian political scientists and philosophers examines why the Charlottetown Accord failed to resolve Canada's constitutional problems and explains the design and fate of the accord as reflected in the theories and political forces that framed it.
Download or read book Constitutional History of the American Revolution V 4 Authority of Law written by John Phillip Reid and published by Univ of Wisconsin Press. This book was released on 2003-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, and the foundation of constitutional government in custom and contractarian theory.
Download or read book Washington s Constitutional Dilemma written by and published by . This book was released on 1967 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Download or read book A More Perfect Union written by A. M. N. Goldman and published by Wise Media Group. This book was released on 2014-09-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A More Perfect Union" interweaves history and current affairs in an attempt to show what citizenry in America is and how our government was designed to work. By providing objectivity and historical perspective, it bridges our revolutionary origins, our founding fathers, our Constitution, and modern politics so that citizens may truly understand and appreciate the path our government has taken. It begins by introducing readers more intimately with our founding fathers and the values which precipitated our constitution. Progressively, it introduces the reader to developments, traditions, and movements which spawned after and without any basis in our constitution. "A More Perfect Union" argues that finding our place within our government is about participation, perspective, and progress.
Download or read book Democracy and North America written by Alan Ware and published by Routledge. This book was released on 2013-10-23 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions here consider a number of themes and issues which account for the successful democratization of the United States and Canada and offer an analysis of the reasons for the absence of democratization in Mexico.
Download or read book Constitutional Pluralism in the European Union and Beyond written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2012-02-29 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Download or read book Constitutional Design for Divided Societies written by Sujit Choudhry and published by Oxford University Press on Demand. This book was released on 2008 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.
Download or read book Constitutional History of the American Revolution Volume II written by John Phillip Reid and published by Univ of Wisconsin Press. This book was released on 2003-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement.
Download or read book The Constitutional Systems of the Independent Central Asian States written by Scott Newton and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Download or read book A Pluralist Theory of Constitutional Justice written by Michel Rosenfeld and published by Oxford University Press. This book was released on 2022-10-17 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal populists have also adapted the framework of liberal institutionalism, masking their aim to subvert its core values. These developments bring the links between justice and the constitution to the fore, particularly concerning distributive justice in its three dimensions of redistribution, recognition, and representation. A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials". This book is divided into three sections. Part one examines the current legal, economic, political and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of philosophical and jurisprudential literature that sheds crucial light on the relationship between constitution and justice. Finally, part three makes a case for using a thoroughly pluralistic approach in the quest for a constitution's justice essentials.
Download or read book The Predicament of Modern Politics written by Harold J. Spaeth and published by . This book was released on 1964 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
