Showing papers on "Constitution published in 1982"

Law, legislation, and liberty: A new statement of the liberal principles of justice and political economy

Abstract: Foreword to the Routledge Classics Edition Consolidated Preface Introduction Volume I Rules and Order 1.Reason and Evolution 2. Cosmos and Taxis 3. Principles and Expediency 4. The Changing Concept of Law 5. Nomos: The Law of Liberty 6. Thesis: The Law of Legislation Notes Volume 2 The Mirage of Social Justice 7. General Welfare and Particular Purposes 8. The Quest for Justice 9. 'Social' or Distributive Justice 10. The Market Order or Catallaxy 11. The Discipline of Abstract Rules and the Emotions of the Tribal Society Notes Volume 3 The Political Order of a Free People 12. Majority Opinion and Contemporary Democracy 13. The Division of Democratic Powers 14. The Public Sector and the Private Sector 15. Government Policy and the Market 16. The Miscarriage of the Democratic Ideal: A Recapitualation 17. A Model Constitution 18. The Containment of Power and the Dethronement of Politics Epilogue: The Three Sources of Human Values Notes Index of Authors cited in Volumes 1-3 Subject index to Volumes 1-3

Contemporary Democracies: Participation, Stability, and Violence

Abstract: 1. Introduction--Democracy, Parties, and Performance The Contemporary Democracies Political Parties and the Democratic Order Standards of Political Performance 2. Political Performance--The Initial Comparison Citizen Voting Participation Stable and Effective Government Maintaining Political Order Compatibility of the Performance Dimensions 3. The Social and Economic Environment Population Size Modernization and Economic Development Social Cleavages Economic Divisions A Brief Multivariate Consideration 4. The Constitutional Setting Constitutional Design Constitutional Design and Political Performance Constitution and Culture Socioeconomic and Constitutional Effects 5. Party Systems and Election Outcomes Attributes of Party Systems Fractionalization Parties and Social Groups Extremist Parties Volatility of Party Strength Party-System Dynamics Party Systems and Democratic Performance 6. Citizen Involvement I Participation or Turmoil Getting Citizens to the Polls A Causal Model of Voting Participation Turmoil and Its Containment 7. Government Performance / Executive Stability Parliamentary Systems: Government Formation Parliamentary Systems: Durability of Governments Presidential Government 8. Managing Violence and Sustaining Democracy Elite Bases of Deadly Violence Organized Violence: Strategic Objectives and Consequences How Democracies Are Replaced: Military and Executive Coups 9. Democratic Performance--Liberty, Competition, Responsiveness Civil Liberties Political Competition Policy Responsiveness 10. Conclusion--Constraint and Creativity in Democracies Relationships among the Dimensions of Performance Executive Control and Economic Manipulation Institutionalizing Compromise: Consociational Practices Requirements for Performance and Survival Comparative Analysis: Limits and Directions Appendix Notes Index

The Glorious Cause: The American Revolution, 1763-1789

Abstract: The first book to appear in the illustrious Oxford History of the United States, this critically acclaimed volume-a finalist for the Pulitzer Prize-offers an unsurpassed history of the Revolutionary War and the birth of the American republic. Beginning with the French and Indian War and continuing to the election of George Washington as first president, Robert Middlekauff offers a panoramic history of the conflict between England and America, highlighting the drama and anguish of the colonial struggle for independence. Combining the political and the personal, he provides a compelling account of the key events that precipitated the war, from the Stamp Act to the Tea Act, tracing the gradual gathering of American resistance that culminated in the Boston Tea Party and "the shot heard 'round the world." The heart of the book features a vivid description of the eight-year-long war, with gripping accounts of battles and campaigns, ranging from Bunker Hill and Washington's crossing of the Delaware to the brilliant victory at Hannah's Cowpens and the final triumph at Yorktown, paying particular attention to what made men fight in these bloody encounters. The book concludes with an insightful look at the making of the Constitution in the Philadelphia Convention of 1787 and the struggle over ratification. Through it all, Middlekauff gives the reader a vivid sense of how the colonists saw these events and the importance they gave to them. Common soldiers and great generals, Sons of Liberty and African slaves, town committee-men and representatives in congress-all receive their due. And there are particularly insightful portraits of such figures as Sam and John Adams, James Otis, Thomas Jefferson, George Washington, and many others. This new edition has been revised and expanded, with fresh coverage of topics such as mob reactions to British measures before the War, military medicine, women's role in the Revolution, American Indians, the different kinds of war fought by the Americans and the British, and the ratification of the Constitution. The book also has a new epilogue and an updated bibliography. The cause for which the colonists fought, liberty and independence, was glorious indeed. Here is an equally glorious narrative of an event that changed the world, capturing the profound and passionate struggle to found a free nation.

The Organization of American Culture, 1700-1900: Private Institutions, Elites, and the Origins of American Nationality

Abstract: Nationality, argues Peter Hall, did not follow directly from the colonists' declatation of independence from England, nor from the political union of the states under the Constitution of 1789. It was, rather, the product of organizations which socialized individuals to a national outlook. These institutions were the private corportions which Americans used after 1790 to carry on their central activities of production. The book is in three parts. In the first part the social and economic development of the American colonies is considered. In New England, population growth led to the breakdown of community - and the migration of people to both the cities and the frontier. New England's merchants and professional tried to maintain community leadership in the context of capitalism and democracy and developed a remarkable dependence on pricate corporations and the eleemosynary trust, devices that enabled them to exert influence disproportionate to their numbers. Part two looks at the problem of order and authority after 1790. Tracing the role of such New England-influenced corporate institutions as colleges, religious bodies, professional societeis, and businesses, Hall shows how their promoters sought to "civilize" the increasingly diverse and dispersed American people. With Jefferson's triumph in 1800. these institutions turned to new means of engineering consent, evangelical religion, moral fegorm, and education. The third part of this volume examines the fruition a=of these corporatist efforts. The author looks at the Civil War as a problem in large-scale organization, and the pre- and post-war emergence of a national administrative elite and national institutions of business and culture. Hall concludes with an evaluation of the organizational components of nationality and a consideration of the precedent that the past sets for the creation of internationality.

From Suarez to Filmer: A Reappraisal

Abstract: English political thought in the early seventeenth century is often regarded in terms of the disagreements between the king and his parliaments, and of debates amongst lawyers on the nature and contents of the ancient constitution. But a large proportion of the political writings of early seventeenth-century English theorists was directed against the views of Catholic authors. Sir Robert Filmer devoted much of his Patriarcha to refuting the theories of those two great pillars of counter-reformation Catholicism, Bellarmine and Suarez. Suarez's Defensio fidei was burned at Paul's Cross on 21 November 1613. James I believed that by ‘setting up the People above their naturall King’ the political thinking of the Jesuits laid ‘ an excellent ground in Divinitie for all rebels and rebellious people’. One aim of this paper is to suggest that many of the most characteristic ideas on politics of English writers in the early seventeenth century can best be understood in the context of their polemical aim: the refutation of the seditious doctrines of the Papists. This is particularly true of patriarchalism, a subject on which Filmer was no innovator.

Constitutional Fate: Theory of the Constitution

Abstract: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument-historical, textual, structural, prudential doctrinal, and ethical-through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day. Examines the characteristic types of constitutional argument by which judicial review is carried out.

The Sharia Debate and the Origins of Nigeria's Second Republic

Abstract: From 1977 to 1979, Nigeria prepared itself for the coming Second Republic. Most important on the agenda was the writing of a new Constitution. The Supreme Military Council (S.M.C.) appointed a Constitutional Drafting Committee, and its Draft was debated by the Constituent Assembly, which included elected members from all 19 States, as well as a number nominated by the S.M.C. The Draft, along with the changes proposed by the Constituent Assembly, were presented in September 1978 to the S.M.C. which made further alterations. That Constitution provided the basis for the subsequent elections of July and August 1979, and the formal inauguration of the Second Republic took place in October.

The Glorious Revolution: ‘Contract’ and ‘Abdication’ Reconsidered

Abstract: On 28 January 1689 the house of commons of the newly assembled Convention resolved that King James the Second, having endeavoured to subvert the constitution of this kingdom, by breaking the original contract between king and people, and by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of the kingdom, has abdicated the government and that the throne is thereby vacant.

Concept formation in social science

Abstract: 1. Concepts of Science 2. Concepts in Science 3. Constitution 4. Max Weber and Concept Formation in Sociology 5. Concepts of Society

In Search of Nyaya Panchayats: The Politics of a Moribund Institution

Abstract: Publisher Summary This chapter focuses on India's Nyaya Panchayats system. India has a strong tradition of adjudication at the village level. The term panchayat literally means the coming together of five persons, therefore, the meeting, council, or court of five or more members of a village or caste assemble to judge disputes or to determine group policy. India's massive attempt to provide access to justice for its rural population through the promotion of Nyaya Panchayats (NP) that are village courts is both theoretically provocative and practically important. Yet it remains largely unexamined empirically and virtually unknown outside India. Completing a process of judicial reform started under colonial rule, India's post-Independence Constitution directed states to establish local self-government and to separate judicial and executive functions at the village level. Some states created NP with the intent to combine the virtues of traditional legal institutions (accessibility, informality, economy of time and money, and familiarity of legal norms) with those of the state legal system (impartiality, uniformity of law and procedures, and legitimacy). On the one hand, NPs were to be integral parts of the state judicial service; on the other, they were to assist Gaon Panchayats (village level administrative bodies) in administering village affairs and educating people about the new democratic order.

The Discretionary Constitution: Institutional Remedies and Judicial Legitimacy

Abstract: Federal courts have been asked with increasing frequency in recent years to grant injunctive decrees that would restructure public institutions in accordance with what are asserted to be the commands of the federal Constitution. This type of litigation has become such a familiar part of the legal landscape that it has acquired a distinct vocabulary: the lawsuit is called an \"institutional suit,\" and a resulting remedial injunction an \"institutional decree.\"' The variety and importance of the institutions involved, the range of issues that courts must address, and most important, the broad discretionary powers trial courts must exercise in framing remedial decrees set modern institutional suits substantially apart from other forms of litigation. These suits pose a number of difficult problems concerning the appropriate role of federal judicial power in our society. The most fundamental of these problems is legitimacy. There are a number of ways to analyze the legitimacy of judicial action in this area. Several recent articles have taken a Frankfurterian approach, arguing for or against institutional suits based on assumed or asserted ap-

A Note on the Meaning of ‘Constitution’

Abstract: Professor Sartori's 1962 article on constitutionalism in the American Political Science Review was influential in the acceptance of a narrow view of the constitution. Sartori argued that constitution meant specifically limitation on government and underplayed the role of the state in establishing a political order. This article argues that there are good historical reasons for keeping a balanced view of a constitutionalism that maintains a tension between strong government, to create a secure and stable order, and limitation on government power. It therefore attempts to reaffirm McIlwain's more traditional view of the constitution as a combination of gubernaculum and jurisdictio, power and its control.

Is the Commonwealth an International Organisation

Abstract: THE "British Commonwealth of Nations" has, of late, seemed to baffle the writers on the Law of Nations, or at least to be regarded by them as a no-go area. A general work contains no more than a passing reference to it, if that. Or one encounters a defeatist observation such as that of Eagleton: "What this Commonwealth is it would be hard to say. It has no constitution, no organisation, no headquarters." ' Conversely, one finds, in the most recent and exhaustive of the works on Commonwealth law, but one or two references to international law. 2 This is not to complain that the writers are at fault, or have given short measure. They are concerned with other matters. Certainly, too, the Commonwealth relationship is unusual, perhaps unique. 3 But what exactly is it, today? Eagleton's despairing cry was raised in 1957, and things have changed since then. The very name has almost disappeared, "British" having been dropped as Anglo-centric, and "of Nations" as redundant. Within the Commonwealth except in the Commonwealths of Australia, and, now, of the Bahamas and of Dominica it is enough, in most contexts, to speak simply of "The Commonwealth". Outside, it obstinately remains "British". The title suggested by Patrick Gordon Walker, one of its principal latter-day architects iih the political sphere, was "The Euro-Afro-Asian Commonwealth".4 That idea has not caught on. The changing name indicates fundamental changes in the nature of the Commonwealth association. These will be examined as this study progresses, so far as significant for its main purpose, which is to assess the status of the contemporary Commonwealth in the international field. A convenient approach is to consider whether it is an "international organisation", a term in common use in international law. The question has been foreshadowed. Fawcett, in 1963, described the Commonwealth as "a kind of international

Rules of the Game in Britain: Can the Politicians Be Trusted?

Abstract: Politicians do not endorse rules of the game as reliably as is implied by traditional constitutional commentaries or by modern democratic theory. Interviews with Members of Parliament and candidates demonstrate that their views are deeply and systematically divided between alternative constitutional interpretations constructed upon foundations of party-political bias. Thus, attitudes towards nearly all rules of the game are powerfully shaped by political values such as authority and equality, values that differentiate views within as well as between the Conservative and labour parties. Similarly, patterns of support seem much affected by a disposition to boost norms that aid one's own party, depending on whether it is in Government or Opposition, and to downgrade norms that might aid political opponents. The article considers implications of these results for the viability of Britain's unwritten Constitution and for theories about the foundations of representative government.

The Principles and Traditions Underlying State Constitutions

Abstract: Over the years, considerable attention has been given to the political theory of the United States Constitution and its implications for American government and politics. Studies of the document itself, the Constitutional Convention of 1787, The Federalist Papers. Supreme Court interpretations, and executive and legislative actions of constitutional import abound, as well they should. State constitutions, however, have been studied almost exclusively from a reformist perspective-to recommend the elimination of presumed deficiencies. Relatively little attention has been given to the underlying political theories and philosophic assumptions of the fifty state constitutions and their colonial predecessors. Even when students of American government, as well as reformers. have examined state constitutions from the perspectives of history, institutional organization, interest accommodation, and the inclusion or exclusion of specific provisions, they have generally bypassed the important functions of state constitutions as (1) overall frames of government for polities which are, in most cases, larger and better developed than most of the world's nations: (2) practical public expressions of political theory and the purposes of government: and (3) reflections of public conceptions of the proper roles of government and politics. The tendency has been to assume either that the philosophic assumptions of the state constitutions are the same as those of the United States Constitution or that state constitutions are wordy patchworks of compromises having little, if any, rhyme or reason. Neither assumption is accurate, and even those constitutions which can be said to be a bundle of compromises reflect the political struggle between representatives of competing conceptions of government within particular states. Moreover, compromise itself reflects a larger theory of politics based upon bargaining and negotiation as opposed, for example, to command or armed conflict. This slighting of state constitutional theory is ironic because the framers of the federal Constitution were influenced by their experiences with their respective state constitutions and the preexisting conceptions of constitu-

The social and political foundations of adjudication

Abstract: Adjudication is the process by which the values embodied in an authoritative legal text, such as the Constitution, are given concrete meaning and expression. In my judgment, this has always been the function of adjudication, clearly embraced and legitimated by Article III, and continuous with the role of courts under the common law, but within recent decades a new form of constitutional adjudication has emerged. This new form of adjudication is largely defined by two characteristics. The first is the awareness that the basic threat to our constitutional values is posed not by individuals, but by the operations of large-scale organizations, the bureaucracies of the modem state. Secondly, this new mode of litigation reflects the realization that, unless the organizations that threaten these values are restructured, these threats to constitutional values cannot and will not be eliminated. For this reconstructive endeavor, the traditional universe of legal remedies-the damage judgment or the criminal prosecution-are inadequate. The injunction is the favored remedy. It is not used, however, as a device for stopping some discreet act, as it might have been in other times, but instead is used as the formal medium through which the judge directs the reconstruction of a bureaucratic organization. This new mode of litigation, which I call "structural reform," represents an important advance in the understanding of modern society and the role of adjudication. The bureaucratic character of the modem state and the public dimensions of the judicial power are properly acknowledged. It is also important to recognize, however, that this new mode of litigation raises a number of problems. One problem is that of

The Development of American State Constitutions

Abstract: Americans have probably had more experience in constitution making and revision than the people of all other nations combined at least until the accession of new countries to nationhood during the past two decades.' This article is intended to summarize, necessarily in broad strokes, how the contents of the states' basic laws, as well as the procedures involved in their drafting and revision, have been adapted to the changing needs and circumstances of a rapidly growing nation. The first part provides a brief general overview of the amount of constitution making in the states. In the second section salient developments, both substantive and procedural, are summarized by major time periods in the states' political development. Special attention is given in the third part to present constitutions-their general features, methods of change, and substantive trends, with particular emphasis on developments since 1965. The final section provides some assessments and perspectives. Since 1776, the fifty states have operated under no fewer than 145 constitutions, as shown in table 1. Forty-nine of the 145 constitutions were promulgated by the constitution-making bodies and became effective without submission to the voters. It is noteworthy that twenty-three of the promulgated documents, or almost half, antedate 1800 and include most of the constitutions of the original states. Promulgation of constitutions without a popular referendum continued into the nineteenth century. Significantly, however, only seven documents that became operative after the Civil War were not submitted to the electorate, and only three of these since 1900-two in Louisiana (1913 and 1921) and the 1902 Virginia Constitution.

Equity Targets in School Finance, Tuition Tax Credits, and the Public-Private Choice.

Abstract: price theory in economics stresses the importance of substitutes in identifying the demand for a good. As such, it is somewhat surprising the neglect given to consideration of nonpublic education as a substitute for public education. Consideration of the impact of the private alternative on the provision of public education is even more important in the last decade with the attention given to two public policy issues: revision in state aid systems to public school districts and the desirability of tuition tax credits for nonpublic schools. In the last decade, a series of court cases, commencing with Serrano v. Priest, have ruled that various state educational finance systems are unconstitutional because they violate the equal protection clause of the fourteenth amendment to the United States Constitution. The contention has been that education is a "fundamental

Rawlings, populism and the civil liberties tradition in Ghana

Abstract: On returning to power following the coup d’etat of December 31, 1981, Flight-Lt. Jerry John Rawlings set two major goals: the restoration of power to the people and the waging of a “holy war” against corruption. In line with these objectives, he suspended the constitution, banned political parties, detained party leaders, and took a number of extra-legal actions. Almost immediately questions began to surface about the prospects of the regime’s impact on Ghana’s long civil liberties tradition. This essay will examine the basis for these fears and assess whether or not they might be justified. An attempt is made to do this by placing the Ghanaian civil liberties situation in a broader comparative context, seeking in this way to give a balanced perspective on this subject.

Quest for Equality: An Historical Overview of Women's Rights Activism in Texas, 1890-1975

Abstract: This study presents a chronological examination of women's rights activism. The first three chapters cover the origin, growth, and success of the Texas woman suffrage movement. Chapter Four examines the issues of interest to Texas women after the right to vote was achieved, including birth control, better working conditions, unionization, jury duty, and married women's property rights. The last chapters explore the origins, growth, and success of the movement to secure an Equal Legal Rights Amendment to the state constitution, and its immediate aftermath. Sources include manuscript collections, interviews, newspaper and magazine accounts, and government documents.

The Dynamics of Change: The Crisis of the 1750s and English Party Systems

Abstract: It is often assumed that Sir Lewis Namier and Sir Herbert Butterfield demolished the 'Whig interpretation of history'. In fact, much was allowed to remain standing by their failure to offer a new synthesis of English party politics. In this book Dr Clark provides the key component for such a new synthesis by a detailed exposition of the crisis of the 1750s, which was instrumental in the destruction of the party system and the emergence of new practices in the multi-factional world. The Court v. Country analysis of the politics of c. 1714–1760, still widely current, is refuted by a demonstration of the survival of the Whig and Tory parties of Queen Anne's reign until the 1750s; the long debate about George III and the constitution is set in a new perspective; and major new insights are offered into the nature of party and party politics.