Download or read book Issues of New Constitution Making in Sri Lanka written by Laksiri Fernando and published by Createspace Independent Publishing Platform. This book was released on 2016-10-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays and articles written and mostly published from time to time covering various issues of constitution making in Sri Lanka. The focus of all of them is ethnic reconciliation. The timing of this publication is the ongoing efforts in Parliament in consultation with the public and various stakeholders in drafting a new constitution and adopting it in Parliament subsequently endorsed by a referendum, according to the constitutional provisions of the present Constitution (1978). Referendum for a new constitution is an important constitutional requirement. Therefore, it should be said at the outset that no 'constitutional revolution' is anticipated in this effort like in 1972. The rationale or the felt need for a new constitution is long standing although this is going to be the fourth constitution of Sri Lanka, if it is successful, since independence in 1948. Admittedly, therefore, there has been some continuous disequilibrium in constitutional matters in the country. The first constitution or popularly called the Soulbury constitution was primarily a document drafted by the colonial state makers, Lord Soulbury and Sir Ivor Jennings, of course in consultation with the elected representatives of the country. However this constitution lasted for 25 years from 1947 to 1972 without much upheaval. In contrast, the first indigenous and the first republican constitution of 1972 survived only for six years. The second republican constitution of 1978 is still in operation for 38 years but largely due to its rigidity than any inherent quality of popular acceptance. Since 1994, there have been several fervent efforts to overhaul it but without any success. In August 2000, the effort to inaugurate a new constitution came very close, but failed, the opposition members of parliament burning the draft agreed by the leaders during by-partisan negotiations. One advantage of constitution making process today is the existence of a 'national unity' government of the two main political parties, the UNP and the SLFP, also with the connivance of the official opposition, the TNA, representing the Northern Tamil constituency. Therefore, at least on appearance, there seems to be some broad consensus for the need for a new constitution. This could however be illusory, considering the rifts within the 'national unity government' itself on some of the key constitutional issues, and the stance of the almost breakaway Joint Opposition (JO) from the SLFP/UPFA led by the former president, Mahinda Rajapaksa, among other factors. In a recently held 'foot-march' (Pada Yathra) of the JO (28 July - 1 August), one of the main slogans was the claim that 'a new constitution is a death trap.' In addition, on the issue of passing the Office on Missing Persons (OMP) Bill, the behavior of the Joint Opposition has heralded what they might do during the inauguration of a new constitution. There is no single theme or discourse underlying the present publication, except the need for a new constitution reforming many of the institutional and legal anomalies of the present constitutional system, and creating a balance between divergent political views in order that a workable 'constitutional equilibrium' is created for a foreseeable future. This is by no means an easy task. There is no apparent readymade agreement between the main political parties, the UNP, the SLFP, the TNA or the JVP, except the need for a new constitution. What elements could create a sustainable 'constitutional equilibrium' is also not a self-evident matter.
Download or read book Democratic Constitution Making written by Hari Prasad Bhattarai and published by . This book was released on 2007 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at a two day long seminar and a three-hour public lecture, held at Kathmandu during 3-5 August 2004.
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 Territory and Power in Constitutional Transitions written by George Anderson and published by Oxford University Press. This book was released on 2019-03-07 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
Download or read book Buddhism Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Download or read book The Nineteenth Amendment to the Constitution written by Asanga Welikala and published by . This book was released on 2016 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Framing the State in Times of Transition written by Laurel E. Miller and published by US Institute of Peace Press. This book was released on 2010 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Download or read book Constitutions Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
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 223 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 Asian Comparative Constitutional Law Volume 1 written by Ngoc Son Bui and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.
Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen 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 Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
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 2021-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing 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 them. 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. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Download or read book Constitution Making Under Occupation written by Andrew Arato and published by Columbia University Press. This book was released on 2009 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
