Download or read book Human Rights and Constitution Making written by and published by UN. This book was released on 2018 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
Download or read book Constitution making and Human Rights in the Sudans written by Lutz Oette and published by Routledge. This book was released on 2018-12-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.
Download or read book Democracy s Victory and Crisis written by Axel Hadenius and published by Cambridge University Press. This book was released on 1997-08-28 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitution Making and Transnational Legal Order written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2019-04-18 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Download or read book Justice in the United States written by Judith Blau and published by Rowman & Littlefield Publishers. This book was released on 2006-03-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice in the U.S. is a sequel to Human Rights: Beyond the Liberal Vision, and the second in a trilogy on human rights. The Bill of Rights of the U.S. Constitution explicitly clarifies the personal political and civil rights of persons, and by court interpretation, the rights of corporations. Yet in the twentieth century, following World War II, most world leaders reached the conclusion that political and civil rights were not sufficient and they had to be supplemented with additional rights that would protect their citizens and create more robust societies. By the end of the century, most countries had amended their constitutions to include many other rights, notably those pertaining to social security, health care, housing, decent jobs, women, minorities, cultural and language rights, and environmental protections. This amounted to nothing less than a worldwide constitutional revolution, but it has gone largely unnoticed in the United States. In this volume, the authors compare the constitutional provisions of different nation-states and summarize some of the relevant United Nations' human rights declarations and treaties. To encourage US citizens to think critically about their Constitution in light of the constitutions of other states, the authors present a draft revision of the U.S. Constitution. Of course, revision of the Constitution must be a comprehensively a democratic process, and the authors wish to show how this process might begin.
Download or read book Constitution making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Download or read book Constitution Makers on Constitution Making written by Robert A. Goldwin and published by American Enterprise Institute Press. This book was released on 1988 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eighty new constitutions, more than half of the written national constitutions in effect, have been written and adopted just since 1974, an average of more than five a year. At a time when the United States is observing the two-hundredth anniversary of its Constitution, the median age of all constitutions in the world is less than fifteen years. Never before have so many living constitution makers, in so many different kinds of regimes, been still active and capable of telling the story, firsthand, of how their nation's constitution was made. In eight pairs of papers, written from differing perspectivies, this book tells the story of the writing of the constitutions of France, Greece, the United States, Yugoslavia, Spain, Egypt, Venezuela, and Nigeria. It also includes an analysis by constitutional experts from twenty countries of how to put into practice the principles of constitutionalism--political liberty, security of rights, and self-government.
Download or read book Constitution Making under UN Auspices written by Vijayashri Sripati and published by Oxford University Press. This book was released on 2020-01-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.
Download or read book Social and Political Foundations of Constitutions written by Denis James Galligan and published by Cambridge University Press. This book was released on 2013 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--
Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.
Download or read book The Law and Legitimacy of Imposed Constitutions written by Richard Albert and published by Routledge. This book was released on 2018-11-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Download or read book Constitutions and Gender written by Helen Irving and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Download or read book Constitution making in the Region of Former Soviet Dominance written by Rett R. Ludwikowski and published by . This book was released on 1996 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains texts of constitutions of various countries which were once part of the U.S.S.R.
Download or read book Not Enough written by Samuel Moyn and published by Harvard University Press. This book was released on 2018-04-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.
