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Constitutional Democracy in a Multicultural and Globalised World

Constitutional Democracy in a Multicultural and Globalised World
Author: Thomas Fleiner
Publisher: Springer Science & Business Media
Total Pages: 687
Release: 2009-01-31
Genre: Political Science
ISBN: 3540764127

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After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.


Citizenship and Rights in Multicultural Societies

Citizenship and Rights in Multicultural Societies
Author: Dunne Michael Dunne
Publisher: Edinburgh University Press
Total Pages: 288
Release: 2019-07-29
Genre: POLITICAL SCIENCE
ISBN: 1474467911

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This topical book examines the debates around contemporary conflicts between liberal democracies and increasingly vociferous special interest groups within society. It analyses the way a new sense of difference and the growth of multi-culturalism are straining modern notions of citizenship and rights, looking in particular at how ethnic conflicts in Eastern Europe have escalated to international tragedies, while in the US and Canada, race, ethnicity and radical feminism are at the heart of a social conflict which challenges national identity and the unity of the state.


Democracy, Federalism, the European Revolution, and Global Governance

Democracy, Federalism, the European Revolution, and Global Governance
Author: Andrea Bosco
Publisher: Cambridge Scholars Publishing
Total Pages: 436
Release: 2020-06-10
Genre: Political Science
ISBN: 1527554457

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The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.


Handbook on Global Constitutionalism

Handbook on Global Constitutionalism
Author: Anthony F. Lang, Jr.
Publisher: Edward Elgar Publishing
Total Pages: 480
Release: 2017-10-27
Genre:
ISBN: 1783477350

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This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.


The Limits of Constitutional Democracy

The Limits of Constitutional Democracy
Author: Jeffrey K. Tulis
Publisher: Princeton University Press
Total Pages: 360
Release: 2010-10-18
Genre: Law
ISBN: 1400836794

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Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.


A Global Environmental Right

A Global Environmental Right
Author: Stephen Turner
Publisher: Routledge
Total Pages: 215
Release: 2013-09-11
Genre: Business & Economics
ISBN: 1135090246

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The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.


Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?
Author: Mark A. Graber
Publisher: Oxford University Press
Total Pages: 352
Release: 2018-08-23
Genre: Law
ISBN: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."


Democracy and Civil Society in a Global Era

Democracy and Civil Society in a Global Era
Author: Scott Nicholas Romaniuk
Publisher: Routledge
Total Pages: 274
Release: 2016-03-31
Genre: Political Science
ISBN: 1317246810

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Democracy and Civil Society in a Global Era addresses challenges to the strengthening of active citizenship. In this highly-structured work, the themes presented are linked to fostering a culture of peace and non-violence, the lessening of fear and insecurity in political, economic, social, and cultural terms inherently detached from the conceptualization of political delineations and physical boundaries, and the ability to live dignified lives. The various regions that are represented in the case studies include: the Indian sub-continent, Malaysia, Indonesia, Turkey, Iran, China, the Middle East, Nigeria and the EU. The commonality and universality of the topics allows readers from any region of the world to relate to them. This book presents a dynamic combination of theory and field research, and is an iconoclastic tour-de-force of studies in democracy. Policy makers, think tanks and development practitioners may be particularly be interested in this book because it is about action rather than mere ideas and processes. It demonstrates how social movements can introduce and strengthen equality, inclusion, accountability, and the free flow of information. These elements, in turn, can contribute to the acculturation of freedom and social justice, in the developed world just as much as in the developing world.


Routledge Handbook of Constitutional Law

Routledge Handbook of Constitutional Law
Author: Mark Tushnet
Publisher: Routledge
Total Pages: 733
Release: 2013-06-26
Genre: Law
ISBN: 1135100187

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The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.


Democracies and the Shock of War

Democracies and the Shock of War
Author: Marc Cogen
Publisher: Routledge
Total Pages: 308
Release: 2016-05-13
Genre: History
ISBN: 1317153189

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Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance between government, parliament and military leadership is the backbone of any democracy at war, and the key to success or failure. Beginning with the sixteenth- and seventeenth-century writings of Alberico Gentili and Hugo Grotius, this book traces the rise of legal concepts of war between states. It argues that the ideas and theories set out by the likes of Gentili and Grotius were to provide the bedrock of western democratic thinking in wartime. The book then moves on to look in detail at the two World Wars of the twentieth century and how legal thinking adapted itself to the realities of industrial and total war. In particular it focuses upon the impact of differing political ideologies on the conduct of war, and how combatant nations were frequently forced to challenge core beliefs and values in order to win. Through a combination of history and legal philosophy, this book contributes to a better understanding of democratic government when it is most severely tested at war. The ideas and concepts addressed will resonate, both with those studying the past, and current events.