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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.
Constitution Writing, Religion and Democracy
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Comparative Constitution Making
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}
Who Works at Hannah's School?
Hannah wants to get all the grown-ups who work at her school to sign her cast! Join her as she gets to know the school principal, the crossing guard, the librarian, and other helpers at her school. Who else will she find to sign her cast?
Global Justice and International Labour Rights
Despite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.
Constituent Assemblies
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
Assessing Constitutional Performance
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Problems Confronting Contemporary Democracies
Problems Confronting Contemporary Democracies investigates the problems facing democracies around the world as they transition to this new form of government.
Over a Thousand Hills I Walk with You
Before one fateful April day, Jeanne lived the life of a typical Rwandan girl. She fought with her little sister, went to school, and teased her brother. Then, in one horrifying night, everything changed. Political troubles unleashed a torrent of violence upon the Tutsi ethnic group. Jeanne’s family, all Tutsis, fled their home and tried desperately to reach safety. They—along with nearly 1 million others—did not survive. The only survivor of her family’s massacre, Jeanne witnessed unspeakable acts. But through courage, wits, and sheer force of will, she survived. Based on a true story, this haunting novel by Jeanne’s adoptive mother makes unforgettably real the events of the 1994 Rwandan genocide as one family experienced it. Jeanne’s story is a tribute to the human spirit and its capacity to heal.
Comparative Judicial Review
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
