Democratic Constitution Making
Author | : Vivien Hart |
Publisher | : |
Total Pages | : 12 |
Release | : 2003 |
Genre | : Constitutional law |
ISBN | : |
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Author | : Vivien Hart |
Publisher | : |
Total Pages | : 12 |
Release | : 2003 |
Genre | : Constitutional law |
ISBN | : |
Author | : Andrew Arato |
Publisher | : Columbia University Press |
Total Pages | : 376 |
Release | : 2009 |
Genre | : History |
ISBN | : 0231143028 |
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.
Author | : Jeff Broadwater |
Publisher | : UNC Press Books |
Total Pages | : 293 |
Release | : 2019-03-27 |
Genre | : History |
ISBN | : 1469651025 |
Thomas Jefferson, author of the Declaration of Independence, and James Madison, "Father of the Constitution," were two of the most important Founders of the United States as well as the closest of political allies. Yet historians have often seen a tension between the idealistic rhetoric of the Declaration and the more pedestrian language of the Constitution. Moreover, to some, the adoption of the Constitution represented a repudiation of the democratic values of the Revolution. In this book, Jeff Broadwater explores the evolution of the constitutional thought of these two seminal American figures, from the beginning of the American Revolution through the adoption of the Bill of Rights. In explaining how the two political compatriots could have produced such seemingly dissimilar documents but then come to a common constitutional ground, Broadwater reveals how their collaboration--and their disagreements--influenced the full range of constitutional questions during this early period of the American republic.
Author | : Richard Beeman |
Publisher | : Random House Trade Paperbacks |
Total Pages | : 546 |
Release | : 2010-02-09 |
Genre | : History |
ISBN | : 0812976843 |
In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of the debate and the characters of the men who labored that historic summer. Virtually all of the issues in dispute—the extent of presidential power, the nature of federalism, and, most explosive of all, the role of slavery—have continued to provoke conflict throughout our nation's history. This unprecedented book takes readers behind the scenes to show how the world's most enduring constitution was forged through conflict, compromise, and fragile consensus. As Gouverneur Morris, delegate of Pennsylvania, noted: "While some have boasted it as a work from Heaven, others have given it a less righteous origin. I have many reasons to believe that it is the work of plain, honest men."
Author | : Axel Hadenius |
Publisher | : Cambridge University Press |
Total Pages | : 298 |
Release | : 1997-08-28 |
Genre | : Political Science |
ISBN | : 9780521573115 |
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Author | : David Landau |
Publisher | : Edward Elgar Publishing |
Total Pages | : 624 |
Release | : 2019 |
Genre | : Law |
ISBN | : 1785365266 |
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author | : Sujit Choudhry |
Publisher | : Edward Elgar Publishing |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Constitutional history |
ISBN | : 9781783472956 |
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author | : Federica Carugati |
Publisher | : Princeton University Press |
Total Pages | : 256 |
Release | : 2019-08-20 |
Genre | : History |
ISBN | : 0691195633 |
A comprehensive account of how the Athenian constitution was created and how political and economic goals that were normally associated with Western developed countries were once achieved through different institutional arrangements--with lessons for contemporary constitution-building.ding.
Author | : Jack N. Rakove |
Publisher | : Vintage |
Total Pages | : 464 |
Release | : 2010-04-21 |
Genre | : Political Science |
ISBN | : 0307434516 |
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Author | : Vijayashri Sripati |
Publisher | : Oxford University Press |
Total Pages | : 374 |
Release | : 2020-01-16 |
Genre | : Law |
ISBN | : 0199098360 |
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.