Showing papers on "Constitution published in 1996"

Democracy and Disagreement

Abstract: Acknowledgments Introduction The Persistence of Moral Disagreement The Sense of Reciprocity The Value of Publicity The Scope of Accountability The Promise of Utilitarianism The Constitution of Deliberative Democracy The Latitude of Liberty The Obligations of Welfare The Ambiguity of Fair Opportunity Conclusion Notes Index

The Social Constitution of Trust: Supplier Relations in Britain and Germany

Abstract: Trust is analysed as a means to reduce uncertainty and risk in vertical inter-firm relationships. Both theoretically and with reference to empirical comparative research (Britain and Germany), it is shown that trust-based relations between buyer and supplier firms rarely evolve spontaneously on the level of individual interaction but are highly dependent on the existence of stable legal, political and social institutions.

Freedom's Law: The Moral Reading of the American Constitution

Abstract: Introduction: The Moral Reading and the Majoritarian Premise PART I: LIFE, DEATH AND RACE 1. Roe in Danger 2. Verdict Postponed 3. What the Constitution Says 4. Roe was Saved 5. Do We Have a Right to Die? 6. Gag Rule and Affirmative Action PART II: SPEECH, CONSCIENCE, SEX AND VOTES 7. The Press on Trial 8. Why Must Speech be Free? 9. Pornography and Hate 10. MacKinnon's Words 11. Why Academic Freedom? PART III: JUDGES 12. Bork: The Senate's Responsibility 13. What Bork's Defeat Meant 14. Bork's Own Postmortem 15. The Thomas Nomination 16. Anita Hill and Clarence Thomas 17. Learned Hand Notes Sources Index

The politics and the constitution of Athens

Abstract: Acknowledgements Introduction Note on the texts Principal events A guide to further reading The Nicomachean Ethics, Book X, Chapter 9 The Politics, Books I-VIII The Constitution of Athens Glossary to The Constitution of Athens Index of names General index.

The Strategy of Rhetoric: Campaigning for the American Constitution

Abstract: This book, the last work of an eminent political scientist, is an innovative study of political persuasion during the 1787-88 campaign to ratify the U.S. Constitution. Employing historical and rational choice analysis to examine the rhetoric and strategic maneuvers the victorious Federalists used, William H. Riker develops new tools and approaches to advance the science of political campaigns.

Legal Reasoning and Political Conflict

Abstract: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred-and divided-by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law works in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law mediates disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must by necessity avoid broad, abstract reasoning. Why? For one thing, adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not-indeed, must not-delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as a core principle of legal reasoning, he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples-a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a bold new vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

The constitution of deliberative democracy

Abstract: What justifies democracy? This question is considered critically, examining answers others have given to it. The author also develops his own theory of democracy, arguing that it resembles a moral conversation and is valued because of its capacity to generate an impartial perspective.

Rationalizing Parliament: Legislative Institutions and Party Politics in France

Abstract: Rationalizing Parliament examines how institutional arrangements in the French Constitution shape the bargaining strategies of political parties. The book investigates the decision by French cities to include in the Constitution legislative procedures aimed to 'rationalize' the policy-making role of parliament and analyses the impact of these procedures on policy outcomes, cabinet stability and political accountability. Drawing on diverse methodological approaches, including formal models, multivariate statistics, historical analysis and qualitative case studies, Professor Huber contributes to general theoretical debates about the endogenous choice of institutions, and about the exogenous impact of institutional arrangements on political decision-making. Through its use of theories developed in the American politics literature, the study reveals important similarities between legislative politics in the United States and in parliamentary systems and shortcomings in conventional interpretations of French institutional arrangements.

Absolute Monarchy and the Stuart Constitution

Abstract: In this reinterpretation of the early Stuart period in England, Glenn Burgess contends that the common understanding of 17th-century English politics is oversimplified and inaccurate. The long-accepted standard view holds that gradual polarization between the Court and Parliament during the reigns of James I and Charles I reflected the split between absolutists - who upheld the divine right of monarchy to rule - and constitutionalists - who resisted tyranny by insisting the monarch was subject to law - and resulted inevitably in civil war. Yet, Burgess argues, the very terms that have been used to understand the period are misleading: there were almost no genuine absolutist thinkers in England before the Civil War, and the "constitutionalism" of common lawyers and parliamentarians was a very different notion from current understandings of that term. Burgess turns to the great body of common law that enshrined many of England's liberties and institutions. Examining the political opinions of such key figures as Sir Edward Coke and Sir Francis Bacon, he concludes that the laws of the land represented a civilization no monarchist would have attacked. Further, absolutism was a rare creed at the time and, while it was accepted that the king was next to God in authority, this detracted nothing from the insistence that he rule under the law. Rather than a polarization of ideas fuelling political division, says Burgess, it was Charles I's inappropriate exploitation of agreed prerogatives that exposed tensions, forged divisions and ruptured the "pacified politics" of which the early modern English were so proud. Burgess's perspective sets the political thought of Hobbes, Locke and others into contemporary context, revises the distorted view of pre-civil war England, and refocusses discussion on the real conflicts and human complexities of the period.

Dissonance and Distrust: Women in the Legal Profession

Abstract: The fictive feminine virtuous woman disorderly woman positioning the picket fence legal narratives the triumph of ideology a postmodern paradox the maiden Bachelor of Law "Sweet Girl Graduates with their Golden Hair" women of "Electric Perceptive Intuition" women as non-persons after the first wave education for corporatisation the constitution of legal knowledge the docile law student beyond the tipping academic affairs bureaucratised authority the gendered academy the revolving door the neutral woman of law the sexual regime sentinels at the portals solicitors - corporatised and commodified psychic income in lieu in the shadow of benchmark man contingent authority camaraderie and clubs quasi-partners auxiliaries of the bar women on the woolsack professional politics - (i) law societies, (ii) women lawyers, (iii) feminist activism body politics the discourse of femininity dresscodes the mother as other the pervasiveness of discrimination ineffability of sexual harassment manned or damned. Conclusion: fragile frontiers from feminity to "feminisation" affective practice rewriting the social script. Appendix: list of abbreviations.

The Monarchy and the Constitution

Abstract: In the increasingly questioning world of the 1990s, the role of the monarchy in a democracy is again coming under scrutiny. Its critics argue that the monarchy is a profoundly conservative institution which serves to inhibit social change; that it has outlived its usefulness; that it symbolizes and reinforces deference and hierachy; and that its radical reform is therefore long overdue. Rejecting these arguments Vernon Bogdanor makes a powerful case for the positive role that monarchy plays in modern democratic politics. Ranging across law, politics, and history he argues that far from undermining democracy, the monarchy sustains and strengthens democratic institutions; that constitutional monarchy is a form of government that ensures not conservatism but legitimacy. The first serious examination of the political role of the monarchy to appear in many years, this book will make fascinating reading for all those interested in the monarchy and the future of British politics.

Politics in the Republic of Ireland

Abstract: Politics in the Republic of Ireland is newly available in a fully revised third edition. Building on the success of the first two editions, it continues to provide an authoritative introduction to all aspects of politics in the Irish Republic. Published in association with the Political Studies Association of Ireland, and written by some of the foremost experts on Irish politics, it explains, analyzes and interprets the background and processes of Irish government. Crucially it provides the student with the very latest developments.Coverage includes:* all aspects of the Irish political system, including the constitution, electoral system, parties, the links between member sof parliament and their constituents, the government, the President, and the Taoiseach * an exploration of the foundations of statehood, Irish society and political culture * Ireland's relationship with Britain and its role within the European Union* women and Irish politics* appendices providing demographic data, electoral data, political office holders, biographical notes on major political figures and a chronology of the main political events

Constitutions and political theory

Abstract: Part 1 Introduction: the two meanings of "constitution". Part 2 Origins: history of constitutionalism the constitutional perspective two great constitutional paths. Part 3 Structures: the state - institutional elements mini and maxi constitutions in the world constitutional law and the legal order. Part 4 Rationale: why constitutions? do institutions matter?. Part 5 Justice and democracy: is there a "best" or "just" constitution? democracy and constitutionalism.

The politics of cultural difference in northern Cameroon

Abstract: The historical constitution of a multi-ethnic society the Fulbe ethnic category and its incorporative potential the Gbaya ethnic category - peripheralization or political mobilization? the Mbororo ethnic category - distinction and exclusion situation, agency and structure in inter-ethnic relations violence and the politics of difference in global and local perspective an epilogue on ethnicity.

United States constitution

Abstract: The U.S. Constitution is located in Volume 1 of the official United States Code (the Government Printing Office edition). It is also found in the first 10 volumes of the U.S. Code Annotated (U.S.C.A.) from Westgroup and the first 7 volumes of the U.S. Code Service from Lexis Publishing. The privately published editions contain annotations identifying court opinions that interpret and apply the constitution’s provisions.

Constitutional safeguards against centralization in federal states: An international cross-section analysis

Abstract: This paper contains an international cross-section analysis of the share of central government expenditure in total government expenditure for a sample of about 50 countries and a subsample of 23 industrial countries in 1989–91. The expenditure shares, their changes and the unexplained residuals for each country are reported in Table 1. As the analysis demonstrates, the share of central government is significantly lower, if income per capita and the country's area are large and if it is a federal state. The explanatory power of the equation rises considerably if the binary dummy for federalism is replaced by quantitative constitutional variables. The most powerful single explanatory variable is the age of the constitutional court in the complete sample or the constitutional court's independence of union institutions in the sample of industrial countries. The equation's explanatory power (adjusted for degrees of freedom) can be raised by allowing also for the degree of control which provincial institutions have over the constitution and over the second chamber and by taking into account whether an increase in federal tax rates requires a popular referendum. Other types of constitutional referenda and the relative age of the federal constitution do not seem to matter. Among the federal states, the share of central government is much larger than predicted in the United States and Mexico, and it is much smaller than predicted in Argentina and Canada. The constitutional variables are particularly helpful in explaining the relatively small share of central government in Switzerland, Malaysia, Germany and Austria. The last section draws conclusions for the design of constitutions with some special applications to the European Union.

Material Constitution: A Reader

Abstract: The only anthology available on material constitution, this book collects important recent work on well known puzzles in metaphysics and philosophy of mind. The extensive, clearly written introduction helps to make the essays accessible to a wide audience.

Federal Evolution in Spain

Abstract: The gradual development of federal arrangements in Spain through its regional governments is examined within five perspectives on "post-modern" federalism: differentiation of the Spanish unitary state through the autonomous communities; evolutionary compacting through negotiated agreements, creating "self-rule plus shared rule"; complemen- tary building of democratic institutions and territorial distribution of power; federalism's contribution to accommodating and managing center-periphery conflicts; and the use of federal arrangements in build- ing the Spanish welfare state. While the Spanish system to date represents "incomplete federation," the noncentralized estado de las autonomias exempli- fies the increasing federal character of states on the international scene. Governing in post-Franco Spain is increasingly federal as its new, constitutionally entrenched regional governments have added a middle tier, moving the system away from the nation's unitary traditions. Although creating a federation was not the original desire or intent of most of the "framers" of the 1978 constitution, neither was a highly centralized unitary system. At this time it was impossible to deny recognizing the existence of and granting control over substantial arenas of gover- nance away from the center, at least for regions with a history of ethnic subnational influence (Linz, 1989; Valles and Cuchillo Foix, 1988). The historical outlines are well known. Spain never really integrated a number of regions into the predominate Castilian center. Political struggles over regional conflicts emerged during the nineteenth and twentieth centuries. The nation exper- imented with regional autonomy during the Second Republic of the 1930s, then fought a civil war that was partially over regional issues. Spain then experienced nearly four decades of subnational repression under Franco (de Blas and Laborda Martin, 1986; Carr and Fusi, 1981; Herr, 1971). Regional autonomy was the response during the 1975-78 transition to democracy. As the estado de las autonomias (state made up of autonomies) unfolds in the workings of Spanish politics and government, federal arrangements continually emerge. The Spanish form of regional governance has intertwined federalism with

Law, Government and the Constitution in Malaysia

Abstract: This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.

Administering Civil Society: Towards a Theory of State Power

Abstract: Preface - State Power, Social Power - From Imperialism to Ideology - Foucault and the End of Politics - The Normality of the English: Rethinking State and Class in Britain - Political Administration in Britain: The Fashioning of the Market, the Constitution of Legal Subjects and the Subsumption of Struggle - Notes - List of Works Cited - Index

Reforming the Russian legal system

Abstract: Preface 1. Pre-revolutionary Russian law 2. The Bolshevik experience 3. The history of legal reform 4. Forging a new constitution 5. Citizens and the state: the debate over the Procuracy 6. In search of a just system: the courts and judicial reform 7. Law and the transition to a market economy 8. Legal reform in the republics 9. Legal reform and the transition to democracy in Russia Appendix Notes Index.

The Godless Constitution: The Case Against Religious Correctness

Abstract: The Godless Constitution is an urgent and timely reexamination of the roots of church-state separation in American politics - and a ringing refutation of the misguided claims of the religious right. In this important polemic two distinguished scholars of American political ideas and religion refute this dangerous attempt to introduce what they term "religious correctness" into our politics, by reminding us that the absence of any mention of God in the Constitution was a conscious action on the framers' part, intended to prevent the bloody religious controversies that so marked European history. They also emphasize that church-state separation was seen as a guarantee of - not a hindrance to - religions liberty. Fully respecting the importance of religion in the public sphere, yet forthright in defining proper limits, The Godless Constitution offers a bracing return to the first principles of American democracy - and a guide to keeping them intact in the forthcoming presidential campaign.

Tradition and Transformation: Democracy and the Politics of Popular Power in Ghana

Abstract: In April 1992, after nearly 11 years of military rule in Ghana, a draft democratic constitution of the Fourth Republic was overwhelmingly approved in a national referendum.1 The ban on multi-party politics was lifted by the Provisional National Defence Council (PNDC) Government in the following month. An independent interim National Electoral Commission was established, and a hotly contested presidential election in 200 constituencies monitored by teams of international observers was held in November 1992. After multi-party parliamentary elections to the National Assembly, boycotted unfortunately by opposition groups, the democratically elected Government of Ghana's Fourth Republic was inaugurated in January 1993.2

Rights and constitutionalism : the new South African legal order

Abstract: This major work written by prominent South African academics is an introduction to the new constitutional order in South Africa. It places fundamental rights as affirmed in Chapter 3 of the South African Constitution in a comparative and international context. The authors draw heavily on the constitutional experience of countries such as Canada, India, Germany, and the United States, which greatly influenced the drafting of Chapter 3 of the Constitution. The study is shaped by principles that form the foundation of the new order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. The book is divided into four parts. The first deals with constitutionalism, democracy, and constitutional interpretation. The second part provides an examination of the historical background of the 1993 Constitution and a description of the principal features of the Constitution. The third part contains an analysis of the key fundamental rights which constitutes the main purpose of the study. Detailed treatment is given to civil and political rights, social and economic rights, the concepts of equality and administrative justice, and the circumstances in which limitations may be imposed on rights. A separate chapter is devoted to the international protection of human rights as directed by Section 35(1) of the Constitution. The final part comprises a bibliography of the works cited in the text following the sequence of the chapters. This is a book which will be of interest to all constitutional law specialists and to many political scientists, particularly those with an interest in constitutionalism and constitutional litigation.

Swords into ploughshares

Abstract: Gives a personal account of the author’s memories and experiences of apartheid prior to South Africa’s first democratic elections in 1994 Looks at the changes which have taken place in the nature and function of governance in South Africa ‐ from oppression to liberation ‐ and the challenges that this period of transition has presented: rationalizing the many public service administrations; transforming the role of the security forces; demilitarizing the police force; and formulating a final constitution which is a key determinant of the direction that governance in South Africa takes Notes a substantially improved relationship between the Government and the people on all levels and a new commitment to openness by the South African Parliament Stresses the importance of establishing democratic principles, institutions and practices to ensure that the democratic changes achieved so far are permanent

The Political Form of the Constitution: the Separation of Powers, Rights and Representative Democracy

Abstract: According to article 16 of the French Declaration of the Rights of Man and of the Citizen of 1789, 'A society where rights are not secured or the separation of powers established has no constitution at all'. Together with representative government, which to a large extent was assimilated to the second, these two principles have defined constitutionalism. In recent years. however, the first has come to predominate. This article suggests an alternative story. I shall argue that both historically and substantively liberal rights-based constitutionalism must be located within a more republican conception of the constitution as a system of politics.’ I begin by analysing the main features and problems of the doctrine of the separation of powers, and its relationship to rights and the rule of law. I then survey the historical development of the theory. I note how it was first combined with organic theories of mixed government and the balancing of powers within the body politic, and then transformed by the view of political societies as a popular construct and incorporated within representative democracy.