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The Struggle for Constitutional Power

The Struggle for Constitutional Power
Author: Tamir Moustafa
Publisher: Cambridge University Press
Total Pages: 339
Release: 2007-06-11
Genre: Law
ISBN: 1139465112

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For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.


Justice Interrupted

Justice Interrupted
Author: Elizabeth F. Thompson
Publisher: Harvard University Press
Total Pages: 433
Release: 2013-04-15
Genre: History
ISBN: 0674076095

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The Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.


The Roberts Court

The Roberts Court
Author: Marcia Coyle
Publisher: Simon and Schuster
Total Pages: 416
Release: 2013-05-07
Genre: Political Science
ISBN: 145162753X

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The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.


The Struggle for Judicial Supremacy

The Struggle for Judicial Supremacy
Author: Robert H. Jackson
Publisher:
Total Pages: 442
Release: 1962
Genre: Constitutional law
ISBN:

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Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers
Author: M. J. C. Vile
Publisher:
Total Pages: 0
Release: 1998
Genre: History
ISBN: 9780865971752

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Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.


Justice Interrupted

Justice Interrupted
Author: Elizabeth F. Thompson
Publisher: Harvard University Press
Total Pages: 397
Release: 2013-04-15
Genre: History
ISBN: 0674076192

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The Arab Spring uprisings of 2011 were often portrayed in the media as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law, a struggle obstructed by local elites as well as the interventions of foreign powers. Elizabeth F. Thompson uncovers the deep roots of liberal constitutionalism in the Middle East through the remarkable stories of those who fought against poverty, tyranny, and foreign rule. Fascinating, sometimes quixotic personalities come to light: Tanyus Shahin, the Lebanese blacksmith who founded a peasant republic in 1858; Halide Edib, the feminist novelist who played a prominent role in the 1908 Ottoman constitutional revolution; Ali Shariati, the history professor who helped ignite the 1979 Iranian Revolution; Wael Ghonim, the Google executive who rallied Egyptians to Tahrir Square in 2011, and many more. Their memoirs, speeches, and letters chart the complex lineage of political idealism, reform, and violence that informs today’s Middle East. Often depicted as inherently anti-democratic, Islam was integral to egalitarian movements that sought to correct imbalances of power and wealth wrought by the modern global economy—and by global war. Motivated by a memory of betrayal at the hands of the Great Powers after World War I and in the Cold War, today’s progressives assert a local tradition of liberal constitutionalism that has often been stifled but never extinguished.


Vagrant Nation

Vagrant Nation
Author: Risa Lauren Goluboff
Publisher: Oxford University Press
Total Pages: 481
Release: 2016
Genre: History
ISBN: 0199768447

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"People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--


Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil
Author: Mark A. Graber
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-07-03
Genre: History
ISBN: 9781139457071

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Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.


The Struggle for Judicial Supremacy

The Struggle for Judicial Supremacy
Author: Robert Houghwout Jackson
Publisher: Octagon Press, Limited
Total Pages: 361
Release: 1979-01-01
Genre: Constitutional law
ISBN: 9780374941307

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Entrenchment

Entrenchment
Author: Paul Starr
Publisher: Yale University Press
Total Pages: 298
Release: 2019-05-21
Genre: Political Science
ISBN: 0300244827

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An investigation into the foundations of democratic societies and the ongoing struggle over the power of concentrated wealth Much of our politics today, Paul Starr writes, is a struggle over entrenchment—efforts to bring about change in ways that opponents will find difficult to undo. That is why the stakes of contemporary politics are so high. In this wide-ranging book, Starr examines how changes at the foundations of society become hard to reverse—yet sometimes are overturned. Overcoming aristocratic power was the formative problem for eighteenth-century revolutions. Overcoming slavery was the central problem for early American democracy. Controlling the power of concentrated wealth has been an ongoing struggle in the world’s capitalist democracies. The battles continue today in the troubled democracies of our time, with the rise of both oligarchy and populist nationalism and the danger that illiberal forces will entrench themselves in power. Entrenchment raises fundamental questions about the origins of our institutions and urgent questions about the future.