Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Download or read book American Empire and the Politics of Meaning written by Julian Go and published by Duke University Press. This book was released on 2008-03-14 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the United States took control of the Philippines and Puerto Rico in the wake of the Spanish-American War, it declared that it would transform its new colonies through lessons in self-government and the ways of American-style democracy. In both territories, U.S. colonial officials built extensive public school systems, and they set up American-style elections and governmental institutions. The officials aimed their lessons in democratic government at the political elite: the relatively small class of the wealthy, educated, and politically powerful within each colony. While they retained ultimate control for themselves, the Americans let the elite vote, hold local office, and formulate legislation in national assemblies. American Empire and the Politics of Meaning is an examination of how these efforts to provide the elite of Puerto Rico and the Philippines a practical education in self-government played out on the ground in the early years of American colonial rule, from 1898 until 1912. It is the first systematic comparative analysis of these early exercises in American imperial power. The sociologist Julian Go unravels how American authorities used “culture” as both a tool and a target of rule, and how the Puerto Rican and Philippine elite received, creatively engaged, and sometimes silently subverted the Americans’ ostensibly benign intentions. Rather than finding that the attempt to transplant American-style democracy led to incommensurable “culture clashes,” Go assesses complex processes of cultural accommodation and transformation. By combining rich historical detail with broader theories of meaning, culture, and colonialism, he provides an innovative study of the hidden intersections of political power and cultural meaning-making in America’s earliest overseas empire.

Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Download or read book Statehood and Self Determination written by Duncan French and published by Cambridge University Press. This book was released on 2013-02-21 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed and timely examination of fundamental issues of statehood and recognition, self-determination and the rights of indigenous peoples includes analysis of some of the most controversial examples of disputed territorial status, including Kosovo and the Palestinian Authority.

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Download or read book Revolution in History written by Roy Porter and published by Cambridge University Press. This book was released on 1986-10-09 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifteen contributors examine the interpretative value of ideas of revolution for explaining historical development within their own speciality. They assess the existing historiography and offer their personal views.

Download or read book Creationism and Its Critics in Antiquity written by David Sedley and published by Univ of California Press. This book was released on 2008-01-16 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is configured in ways that seem systematically hospitable to life forms, especially the human race. Is this the outcome of divine planning or simply of the laws of physics? Ancient Greeks and Romans famously disagreed on whether the cosmos was the product of design or accident. In this book, David Sedley examines this question and illuminates new historical perspectives on the pantheon of thinkers who laid the foundations of Western philosophy and science. Versions of what we call the "creationist" option were widely favored by the major thinkers of classical antiquity, including Plato, whose ideas on the subject prepared the ground for Aristotle's celebrated teleology. But Aristotle aligned himself with the anti-creationist lobby, whose most militant members—the atomists—sought to show how a world just like ours would form inevitably by sheer accident, given only the infinity of space and matter. This stimulating study explores seven major thinkers and philosophical movements enmeshed in the debate: Anaxagoras, Empedocles, Socrates, Plato, the atomists, Aristotle, and the Stoics.

Download or read book Open Budgets written by Sanjeev Khagram and published by Brookings Institution Press. This book was released on 2013 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explicates political economy factors that have brought about greater transparency and participation in budget settings across Asia, Africa, and Latin America. This title presents the strategies, policies, and institutions through which improvements can occur and produce change in policy and institutional outcomes.

Download or read book Subjectivity written by João Guilherme Biehl and published by Univ of California Press. This book was released on 2007-04-11 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Talks about the ways personal lives are being undone and remade today. This book examines the ethnography of the modern subject, probes the continuity and diversity of modes of personhood across a range of Western and non-Western societies. It considers what happens to individual subjectivity when environments such as communities are transformed.

Download or read book Free University Berlin written by Gabriel Feld and published by Exemplary Projects. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berlin Free University is an imagination of what a building might be - a building designed to function as a piece of the city, adapting to the needs of its users while generating opportunities for social interaction. The university offers a window onto the politicized and optimistic discourse of the Sixties and Seventies, but at the same time illuminates contemporary debates around large projects of infrastructure and public space. This extensive study of the building combines texts with a visual survey containing specifically commissioned photographs as well as archive material, plans and construction details.

Download or read book The Failure of Popular Constitution Making in Turkey written by Zeynep Yanasmayan and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

Download or read book Literacy Education written by Debi Prasanna Pattanayak and published by . This book was released on 1980 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Henri Lefebvre on Space written by Lukasz Stanek and published by U of Minnesota Press. This book was released on 2011 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how Lefebvre's theory of space developed out of direct engagement with architecture, urbanism, and urban sociology.

Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat

Download or read book Authoritarian Constitutionalism written by Helena Alviar García and published by Edward Elgar Publishing. This book was released on 2019 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.