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Understanding State Constitutions
For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salien...
Without Fear or Favor
The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning concep...
Judicial Process and Judicial Policymaking
An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition D...
Navigating the Tension Between Sovereignty and Self-Determination in Postcolonial Africa
This book addresses the unique challenges faced by Africa regarding peaceful self-determination. Unlike other regions, Africa has seen limited success in nonviolent self-determination campaigns. Since 1989, only three African nations - Namibia, Eritrea, and South Sudan - have joined the UN after enduring prolonged and violent struggles for independence. In a world characterized by constant change, border alterations typically require armed conflicts in postcolonial Africa. In response to this disconcerting trend, the book offers pragmatic blueprints for achieving peace, emphasizing constitutional approaches to navigate the delicate balance between sovereignty and self-determination. The work delves into the complexities of five self-determination struggles spanning three African countries, providing valuable insights into the challenges faced. It distils six critical lessons from these case studies and presents fourteen blueprint proposals tailored to address the unique dynamics of postcolonial Africa, where reconciling sovereignty and self-determination remains a pressing concern.
Making Constitutions in Deeply Divided Societies
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
American Constitutional Law Volume 1
Enhance your understanding of the nationÂ's defining document with AMERICAN CONSTITUTIONAL LAW: THE STRUCTURE OF GOVERNMENT! With a focus on federal rights and power, this political science text provides you with the information you need to understand the principles, prospects, and problems of America. Chapter and case introductions frame the development of the law and help you understand both the material and its context. Precedent-setting cases in areas such as privacy, criminal procedure, and abortion rights are included in the text and you can use the companion website to read additional cases of historical significance and current cases as they are decided.
Constitutional Origins, Structure, and Change in Federal Countries
Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar ...
