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Constitutional Bricolage

Constitutional Bricolage
Author: Eugénie Mérieau
Publisher: Bloomsbury Publishing
Total Pages: 352
Release: 2021-12-02
Genre: Law
ISBN: 1509927719
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This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late 19th century to the present day.

Constitutional Bricolage

Constitutional Bricolage
Author: Gerald Garvey
Publisher: Princeton University Press
Total Pages: 173
Release: 2015-03-08
Genre: Law
ISBN: 1400869102
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Uniquely blending anthropological and exchange theory, Professor Garvey offers a new interpretation of American constitutional development. His thesis: judicial reliance on a limited stock of received forms has inhibited the development of new concepts that could adequately reflect fundamental changes in society. Professor Garvey reviews the history of the Supreme Court in light of the "bricolage" theory. The Court, by interpreting the Constitution to effect laissez-faire and Social Darwinism, helped bring about a society ostensibly patterned on the buyer-seller model, marked by free exchange and "liberty of contract." New departures by the Court in the areas of free speech and criminal justice, according to the author, evidence a recognition of present inequities and a determination to change them; but to the extent the Court remains loyal to a buyer-seller model, it practices an unrealistic jurisprudence. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Constitutionalism in Asia

Constitutionalism in Asia
Author: Wen-Chen Chang
Publisher: Bloomsbury Publishing
Total Pages: 1172
Release: 2014-02-19
Genre: Law
ISBN: 1849469857
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This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565
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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Asian Comparative Constitutional Law, Volume 1

Asian Comparative Constitutional Law, Volume 1
Author: Ngoc Son Bui
Publisher: Bloomsbury Publishing
Total Pages: 495
Release: 2023-05-18
Genre: Law
ISBN: 1509949704
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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.

Europe's Functional Constitution

Europe's Functional Constitution
Author: Turkuler Isiksel
Publisher: Oxford University Press
Total Pages: 376
Release: 2016-05-26
Genre: Law
ISBN: 0191076872
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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.

Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments
Author: Yaniv Roznai
Publisher: Oxford University Press
Total Pages: 368
Release: 2017-02-23
Genre: Law
ISBN: 0191081450
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Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Reconciling Canada

Reconciling Canada
Author: Jennifer Anne Henderson
Publisher: University of Toronto Press
Total Pages: 497
Release: 2013-01-01
Genre: Social Science
ISBN: 1442611685
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Truth and reconciliation commissions and official governmental apologies continue to surface worldwide as mechanisms for coming to terms with human rights violations and social atrocities. As the first scholarly collection to explore the intersections and differences between a range of redress cases that have emerged in Canada in recent decades, Reconciling Canada provides readers with the contexts for understanding the phenomenon of reconciliation as it has played out in this multicultural settler state. In this volume, leading scholars in the humanities and social sciences relate contemporary political and social efforts to redress wrongs to the fraught history of government relations with Aboriginal and diasporic populations. The contributors offer ground-breaking perspectives on Canada's 'culture of redress,' broaching questions of law and constitutional change, political coalitions, commemoration, testimony, and literatures of injury and its aftermath. Also assembled together for the first time is a collection of primary documents – including government reports, parliamentary debates, and redress movement statements – prefaced with contextual information. Reconciling Canada provides a vital and immensely relevant illumination of the dynamics of reconciliation, apology, and redress in contemporary Canada.

Buddhism and Comparative Constitutional Law

Buddhism and Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 405
Release: 2022-12-01
Genre: Law
ISBN: 1009286064
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Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

Exchanging Constitutions

Exchanging Constitutions
Author: David Schneiderman
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:
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Judicial recourse to constitutional law sources from abroad has been likened to the process of bricolage, coined by anthropologist Claude Levi-Strauss, this refers to the 'borrowing from materials readily at hand.' Building on the idea of constitutional borrowing, this paper aims to take account of the role dominant culture plays in constitutional interpretation, in particular, the values associated with economic globalization. If resort to comparative constitutional sources is on the rise, dominant political culture will likely have the effect of limiting the stock of tools available to judges. The author argues that, in an age of economic globalization, the 'buyer-seller' model of constitutional interpretation will be one of the principle interpretative sources readily at hand. This is a model which valorizes market relations of free and mutual exchange, ideas familiar to U.S. constitutional law particularly in the Lochner era. It is argued that this market model has emerged as an important mode of interpretation in Canadian constitutional law since 1982. This is suggested by an examination of recent decisions in the realms of federalism, Charter rights, Aboriginal rights, though not all cases can be explained in this way. Nor is this a phenomenon isolated to Canada; rather, it is to be expected that the buyer-seller model will have universal appeal, for it appears to be the best available method of securing economic success in an era of intense competition between national states for foreign capital.