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This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.
The Encyclopedia of Social Theory cuts across all relevant disciplines, theories, approaches, and schools to present the latest information and research.
This book examines the conditions under which new democracies succeed or fail in establishing firm and lasting civilian control of the military. David Kuehn and Aurel Croissant introduce a multi-dimensional conceptual framework to evaluate the degree of civilian control in new democracies and to trace developments over time. The theory of civilian control in new democracies that they propose integrates rationalist, structuralist, and institutionalist arguments into a coherent model to explain when, how, and through which causal mechanism new democracies succeed or fail in establishing and sustaining civilian control over the military. This theory is tested on an original dataset on civilian ...
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive understanding of the rule of law and the widespread support for its powerful Constitutional Court are typically explains in one of two ways: either as a story of change in a reaction to National Socialism or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to under...
Illiberalism and authoritarianism have become major threats to democracy across the world. In response to this development, research on the causes and processes of democratic declines has blossomed. Much less scholarly attention has been devoted to the issue of democratic resilience. Why are some democracies more resilient than others to the current trend of autocratization? What role do institutions, actors and structural factors play in this regard? What options do democratic actors have to address illiberal and authoritarian challenges? This book addresses all these questions. The present introduction sets the stage by developing a new concept of democratic resilience as the ability of a ...
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle's theory of the “open society of constitutional interpreters”, four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.
This addition to the 'Law and Global Governance Series' examines participation of stakeholders in treaty-based intergovernmental organizations. Readers are offered a comprehensive account of what has been done to facilitate the participation of previously neglected stakeholders.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations. This book explores the deep contestations of the liberal script in the contemporary United States from a variety of perspectives. US democracy today is in crisis because of a profound ideological and affective polarization. The chapters in this volume show that Donald Trump's grip on the Republican Party is a symptom and a catalyst, but not the cause, of the contemporary contestations of the liberal script in the US. To discern their major drivers from a longue durée perspectiv...
Promotion of democracy in post-war and post-conflict societies became a topic during the 1990s. The book deals with the legality, legitimacy and effectiveness of military interventions where the international community of states not only felt impelled to engage in military humanitarian or peace-building missions but also in long-term state- and democracy-building. External actors particularly engaged in four modes, namely enforcing democratization by enduring post-war occupation (mode 1); restoring an elected government by military intervention (mode 2); intervening in on-going massacres and civil war with military forces (‘humanitarian intervention’) and thereby curbing the national sov...
Between Consolidation and Crisis focuses on five countries in Southeast Asia to examine how their elections have been conducted in the past two years, their domestic implications, and how the elections have differed from one another and from elections in other parts of Asia. Case studies on Cambodia, Indonesia, the Philippines, Malaysia and Thailand provide an overall understanding of the impact of elections on the consolidation or crisis of new democratic and semi-democratic polities in the region of Southeast Asia.