The Constitutional Law and Politics of Ethnic Accommodation

The Constitutional Law and Politics of Ethnic Accommodation
Author: Bashir Mobasher
Publisher:
Total Pages: 0
Release: 2023
Genre: Constitutional law
ISBN: 9780367715441

Download The Constitutional Law and Politics of Ethnic Accommodation Book in PDF, Epub and Kindle

"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--

Constitutional Law and the Politics of Ethnic Accommodation

Constitutional Law and the Politics of Ethnic Accommodation
Author: Bashir Mobasher
Publisher: Taylor & Francis
Total Pages: 150
Release: 2023-12-29
Genre: Law
ISBN: 1003806147

Download Constitutional Law and the Politics of Ethnic Accommodation Book in PDF, Epub and Kindle

This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.

Constitutional Design for Divided Societies

Constitutional Design for Divided Societies
Author: Sujit Choudhry
Publisher: OUP Oxford
Total Pages: 496
Release: 2008-03-27
Genre: Law
ISBN: 0191021512

Download Constitutional Design for Divided Societies Book in PDF, Epub and Kindle

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Constitutional Design for Divided Societies

Constitutional Design for Divided Societies
Author: Sujit Choudhry
Publisher:
Total Pages: 0
Release: 2023
Genre: Conflict of laws
ISBN: 9781383044751

Download Constitutional Design for Divided Societies Book in PDF, Epub and Kindle

How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.

Constitutional Imaginaries

Constitutional Imaginaries
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 176
Release: 2021-09-30
Genre: Law
ISBN: 1000456099

Download Constitutional Imaginaries Book in PDF, Epub and Kindle

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Constitutionalism and the Politics of Accommodation in Multinational Democracies

Constitutionalism and the Politics of Accommodation in Multinational Democracies
Author: Jaime Lluch
Publisher: Springer
Total Pages: 208
Release: 2014-09-25
Genre: Political Science
ISBN: 113728899X

Download Constitutionalism and the Politics of Accommodation in Multinational Democracies Book in PDF, Epub and Kindle

This collection argues that although constitutionalism has traditionally been the primary mechanism for facilitating the mutual accommodation of sub-state and state national societies in plurinational states.

Constitutional Crowdsourcing

Constitutional Crowdsourcing
Author: Abat i Ninet, Antoni
Publisher: Edward Elgar Publishing
Total Pages: 192
Release: 2021-11-23
Genre: Law
ISBN: 1786430517

Download Constitutional Crowdsourcing Book in PDF, Epub and Kindle

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

Routledge Handbook of Comparative Constitutional Change

Routledge Handbook of Comparative Constitutional Change
Author: Xenophon Contiades
Publisher: Routledge
Total Pages: 469
Release: 2020-06-11
Genre: Law
ISBN: 1351020978

Download Routledge Handbook of Comparative Constitutional Change Book in PDF, Epub and Kindle

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Constitutionalism in Context

Constitutionalism in Context
Author: David S. Law
Publisher:
Total Pages: 612
Release: 2022-02-09
Genre: Law
ISBN: 1108674267

Download Constitutionalism in Context Book in PDF, Epub and Kindle

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa
Author: Alan J. Kuperman
Publisher: University of Pennsylvania Press
Total Pages: 304
Release: 2015-07-16
Genre: Political Science
ISBN: 0812246586

Download Constitutions and Conflict Management in Africa Book in PDF, Epub and Kindle

Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.