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It examines the wave of constitutions following the Arab Spring, considering when constitutional bargains are likely to yield democracy.
Wim Voermans traces the surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting a multi-disciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions, and how, in turn, constitutions have shaped our societies.
How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Based on author's thesis (doctoral - YaleUniversity, 2018) issued under title: We, the mediated people: revolution, inclusion, and unconventional adaptation in post-Cold War South America.
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}
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Empirically analyzes Islam and human rights in constitutions of Muslim-majority states and theorizes why some adopted Islam in their constitutions.
This book challenges the traditional view that meaningful analogies cannot be drawn between domestic and international politics. Alexandru V. Grigorescu shows that there are important parallels to be drawn across these two realms, if political interactions among states over the past two centuries are compared to those within states going back about a thousand years. He focuses specifically on the evolution of institutions that restrain concentrated power, such as courts, assemblies, and bureaucracies. Restraining Power through Institutions begins by developing a set of theoretical arguments about the emergence, change, and consolidation of institutional restraints on power. These are primari...
Axel Honneth is widely regarded as one of the most important contemporary critical theorists. His oeuvre, which spans more than four decades of writing—from his early engagement with critique in the Frankfurt School tradition to his theory of recognition and the latest discussions of freedom in modern ethical life and the question of socialism—has been enormously influential in the shaping of current critical theory and beyond. Bringing together leading scholars in contemporary social and political philosophy, this authoritative book takes the central themes of Honneth’s work as a starting point for debating the present and future of critical theory as a form of socially grounded philo...