A Practical Guide to Constitution Building

A Practical Guide to Constitution Building
Author: Winluck Wahiu
Publisher:
Total Pages:
Release: 2011
Genre: Constitutional law
ISBN:

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Constitutional Construction

Constitutional Construction
Author: Keith E. Whittington
Publisher: Harvard University Press
Total Pages: 315
Release: 2009-06-01
Genre: Law
ISBN: 0674045157

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This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Building the Constitution

Building the Constitution
Author: James Fowkes
Publisher: Cambridge University Press
Total Pages: 415
Release: 2016-12-15
Genre: Law
ISBN: 1107124093

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A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.

The People’s Constitution

The People’s Constitution
Author: John F. Kowal
Publisher: The New Press
Total Pages: 493
Release: 2021-09-21
Genre: Law
ISBN: 1620975629

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The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Creating a Constitution

Creating a Constitution
Author: Federica Carugati
Publisher: Princeton University Press
Total Pages: 256
Release: 2019-08-20
Genre: History
ISBN: 0691195633

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A comprehensive account of how the Athenian constitution was created and how political and economic goals that were normally associated with Western developed countries were once achieved through different institutional arrangements--with lessons for contemporary constitution-building.ding.

Constitution-making in Asia

Constitution-making in Asia
Author: H. Kumarasingham
Publisher: Routledge
Total Pages: 223
Release: 2016-03-31
Genre: History
ISBN: 1317245105

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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

A Practical Guide to Constitution Building: Principles and cross-cutting themes

A Practical Guide to Constitution Building: Principles and cross-cutting themes
Author: Winluck Wahiu
Publisher:
Total Pages: 60
Release: 2011
Genre: Constitutional law
ISBN: 9789186565299

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace." -- Provided by publisher.

Constitution Making during State Building

Constitution Making during State Building
Author: Joanne Wallis
Publisher: Cambridge University Press
Total Pages: 421
Release: 2014-09-15
Genre: Law
ISBN: 1316157083

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How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.

Constitution Construction

Constitution Construction
Author: Bentley Boyd
Publisher:
Total Pages: 0
Release: 2003
Genre: Caricatures and cartoons
ISBN: 9780972961622

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