Showing papers on "Constitution published in 2002"

The Preamble of the Constitution of the World Health Organization.

Abstract: This section looks back to some ground-breaking written contributions to public health, reproducing them in their original form and adding a commentary on their significance from a modern-day perspective To complement the theme of this month's Bulletin, Frank Grad comments on the Preamble to the Constitution of the World Health Organization (1) The Constitution was presented at the International Health Conference in New York on 22 July 1946 and signed by the "duly authorized" representatives of the governments participating The original version of the document, including the ornate and sometimes hesitant signatures, can be seen at http://wwwwhoint/library/historical/access/who/indexenshtml ********** In February 1946 the Economic and Social Council of the United Nations established a Technical Preparatory Committee of Experts to prepare an agenda for the International Health Conference in New York, to be held from 19 to 22 July 1946 The agenda included the preparation of a constitution for a World Health Organization (WHO) (2) The Conference eventually approved the WHO Constitution on 22 July, and designated an Interim Commission to carry out essential public health activities until the new organization was established The Interim Commission was to discharge the functions and duties of the Office Internationale d'Hygiene Publique, as well as those of the Health Organization that had been part of the Economic and Social Council of the defunct League of Nations Though much of the work of the League's Health Organization was continued, and its major contributions recognized, the Constitution of WHO owes little to the League of Nations Covenant Article XXIII of this Covenant contains a list of beneficial provisions, and only in its last subdivision, as an afterthought, one on how members of the League "(f) would endeavor to take steps in matters of international concern for the prevention and control of disease" (3) The Constitution approved by the International Health Conference has shown itself to be robust during the 54 years since it came into effect Nowhere is its strength more clearly seen than in its Preamble This part of a legal constitutional document has an important function: it states the principles on which the document is based, and implicitly asserts a claim to jurisdiction which may then be spelt out in the document itself Unlike the mixture of subjects enumerated in the Conventions of the League of Nations, the Preamble of the WHO Constitution is a masterfully coherent statement, claiming as its own the full area of contemporary international public health In the same spirit as the Charter of the United Nations, the Preamble asserts that the principles it states are basic to the happiness, harmonious relations and security of all peoples, thus expressing a modern set of universal aspirations Health, it says, is an essential condition for their attainment, and the highest possible attainment of health is a fundamental right of every human being without distinction of any kind The preamble defines health positively, as complete physical, mental and social well-being, not merely negatively as the absence of disease or infirmity The concept of public health is contemporary, but in its phrasing the Preamble echoes the rhetorical cadences of the Age of Reason in the last part of the 18th century In this view certain rights--such as those to health, or to life, liberty and the pursuit of happiness--cannot be granted or denied by any government because they are fundamental, inalienable human rights, which all of us, being human, already have 1948, the year that WHO came into existence after 26 Member States had ratified its Constitution, is also the year that the United Nations General Assembly adopted and proclaimed the Universal Declaration of Human Rights (4) The Preamble goes on to analyse the obligation of nations to contribute to the health of their people …

A Theory of Constitutional Rights

Abstract: PREFACE A Theory of Constitutional Rights and the British Constitution 1. The Content and Purpose of a Theory of Constitutional Rights 2. The Concept of a Constitutional Rights Norm 3. The Structure of Constitutional Rights Norms 4. Constitutional Rights as Subjective Rights 5. Constitutional Rights and Legal Status 6. The Limits of Constitutional Rights 7. The General Right to Liberty 8. The General Right to Equality 9. Rights to Positive State Action (Entitlements in the Wide Sense) 10. Constitutional Rights and Constitutional Rights Norms in the Legal System Postscript

Recovering Canada: The Resurgence of Indigenous Law

Abstract: Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Multiculturalism in Latin America: Indigenous Rights, Diversity and Democracy

Abstract: Acknowledgements Notes on the Contributors List of Tables Introduction R.Sieder Indigenous Peoples and the State in Latin America: An Opening Debate R.Stavenhagen Constitutional Reform in the Andes: Redefining Indigenous-State Relations D.L.Van Cott Bolivia: From Indian and Campesino Leaders to Councillors and Parliamentary Deputies X.Albo Educational Reform in Guatemala: Lessons from Negotiations between Indigenous Civil Society and the State D.Cojti Cuxil Social Citizenship, Ethnic Minority Demands, Human Rights and Neoliberal Paradoxes: A Case Study in Western Mexico G.de la Pena Peru: Pluralist Constitution, Monist Judiciary: A Post-Reform Assessment R.Yrigoyen Fajardo Recognizing Indigenous Law and the Politics of State Formation in Mesoamerica R.Sieder Latin America's Multiculturalism: Economic and Agrarian Dimensions R.Plant Indigenous Peoples, Poverty and Participatory Development: The Experience of the World Bank in Latin America S.H.Davis The Excluded 'Indigenous'? The Implications of Multi-Ethnic Policies for Water Reform in Bolivia N.Laurie, R.Andolina & S.Radcliffe Bibliography Index

The architecture of democracy : constitutional design, conflict management, and democracy

Abstract: PART I: INSTITUTIONAL DESIGN IN DIVIDED SOCIETIES: AN OVERVIEW Introduction Institutional Design, Conflict Management, and Democracy in Divided Societies 1. 1. Constitutional Design and the Problem of adoption: Proposals versus Processes 2. The Wave of Power Sharing Democracy 3. Institutions and Coalition-Building in Post-Communist Transitions PART II: PRESIDENTIALISM, FEDERALISM AND DECENTRALIZATION, AND ELECTORAL SYSTEMS. 4. Presidents, Parliaments and Democracy: Insights from the Post-Communist World 5. Presidentialism and Democratic Performance 6. Constitutional asymmetries: Communal Representation, Federalism, and Cultural Autonomy 7. Federalism and State-Building: Post-Communist and Post-Colonial Perspectives 8. Ballots not Bullets: Testing Consociational Theories of Ethnic Conflict, Electoral Systems and Democratization 9. Designing Electoral Rules and Waiting for an Electoral System to Evolve PART III: COUNTRY STUDIES 10. 10. Constitutional Engineering in Fiji 11. The British-Irish Agreement of 1998: Results and Prospects 12. The Eritrean Experience in Constitution Making: The Dialectic of Process and Substance 13. Indonesia's Democratic Transition: Playing By the Rules 14. Institutional Design, Ethnic Conflict Management, and Democracy in Nigeria 15. India

Judicializing Politics, Politicizing Law

Abstract: I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which has been called "judicialization," (1) has become more or less global in its reach, as evidenced by the fact that it is as marked in Europe, and especially recently in Eastern Europe, as it is in the United States. The spectacles of Italian judges undermining Italy's postwar system of musical cabinets, or of newly energized French judges hounding prime ministers and presidents, are only the most visible aspects of these developments. One could also point to the role, and recent success, of judges in seeking to arrest and prosecute dictators and military leaders. Additionally, our own United States Supreme Court's intervention into electoral politics in Bush v. Gore (2) was yet another manifestation of this trend. One can distinguish at least three ways in which courts have taken on new and important roles relative to legislatures. First, courts have been increasingly able and willing to limit and regulate the exercise of parliamentary authority by imposing substantive limits on the power of legislative institutions. Second, courts have increasingly become places where substantive policy is made. Third, judges have been increasingly willing to regulate the conduct of political activity itself--whether practiced in or around legislatures, agencies, or the electorate--by constructing and enforcing standards of acceptable behavior for interest groups, political parties, and both elected and appointed officials. But judicialization is not simply limited to the increasingly important, pervasive, and direct roles that courts play in making policy. The fact that courts frequently intervene in policy-making processes also means that other political actors, as well as groups seeking political action, have reason to take the possibility of judicial reaction into account. Proposals need to be framed in a way to ensure that legislation will neither be struck down nor interpreted in Undersirable ways. In order to achieve such a result, part of the policy debate over new legislation must aim at anticipating the response of legal institutions. So, we see a global application of one aspect of the phenomenon that de Tocqueville noted about American politics years ago: the transformation of political questions into legal ones. (3) This means that legal/constitutional considerations and rhetoric assume new and sometimes decisive importance in ordinary legislative policy-making. One aspect of judicialization can be observed in the widespread adoption of institutions and practices of constitutional adjudication, even in places with legal institutions and traditions that had long been inhospitable to this process. True, the modes of constitutional adjudication adopted in Europe and elsewhere do not precisely follow the U.S. model. Ordinary European judges are not permitted to strike down legislation; that authority is confined to specialized constitutional courts located outside the judicial system. Nevertheless, many of these new European constitutional courts have been at least as willing to invalidate and modify parliamentary legislation as the U.S. Supreme Court has been--even in its most activist periods. (4) Moreover, the existence of constitutional courts has, in effect, pressed ordinary judges to take account of constitutional issues in their everyday judicial activities. For example, European judges regularly interpret legislative statutes and administrative ordinances in view of the constitution and decide which issues need to be referred to the constitutional court. (5) Moreover, the rise of constitutional adjudication has transformed the landscape of parliamentary politics by forcing legislators to take constitutional considerations into account when crafting legislative schemes. …

Dismembering Lahui: A History of the Hawaiian Nation to 1887

Abstract: Jonathan Osorio investigates the effects of Western law on the national identity of Native Hawaiians in this impressive political history of the Kingdom of Hawai'i from the onset of constitutional government in 1840 to the Bayonet Constitution of 1887, which effectively placed political power in the kingdom in the hands of white businessmen. Making extensive use of legislative texts, contemporary newspapers, and important works by Hawaiian historians and others, Osorio plots the course of events that transformed Hawai'i from a traditional subsistence economy to a modern nation, taking into account the many individuals nearly forgotten by history who wrestled with each new political and social change. A final poignant chapter links past events with the struggle for Hawaiian sovereignty today.

Constitutionalism and Dictatorship: Pinochet, the Junta, and the 1980 Constitution

Abstract: It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

Constitutional Design: Proposals Versus Processes

Abstract: Constitution-making has become an international and comparative exercise in a way that it rarely was in the century before 1989. International' in the sense, that the involvement of experts and practitioners across state boundaries has been welcomed, indeed encouraged, to the point at which a new democracy that excluded foreigners entirely from its constitutional process might stamp itself as decidedly insular, even somewhat suspect. 'Comparative' in the sense that there have been attempts to learn from the experience of states and societies that are similarly situated. In 1978, during the extended session of an elected Nigerian Constituent Assembly that reviewed and rewrote the product of an expert Constitution Drafting Committee, there was great demand for information about .the United States constitution (see Horowitz 1979). The US embassy was only too happy to supply copies of the Federalist Papers, for which there was then a great thirst. But Nigerian comparative curiosity did not extend much beyond the United States. .The situation is changed now. The experience of what are seen as the world's most successful democracies is still sought, but so, to some extent, is the experience of states that have faced what are viewed as comparable problems. If the answers remain elusive, the questions have become far more sophisticated. I do not want to exaggerate the increase in the diffusion of constitutional innovation across international boundaries. This is, after all, a process that began more than two centuries ago. The framers of the United States constitution were, of course, students of ancient republics. In the nineteenth century, Latin American states were

Men, Movements, and Gender Transformation in South Africa

Abstract: Since the ending of Apartheid in 1994, South Africa has passed a constitution that is amongst the most progressive in the world. It forbids discrimination on the grounds of gender, sexual orientation, race, class, age, and creed. The new policies and laws have understandably not overthrown patriarchy or removed men from their domination of public life, politics, and earnings. But there have nevertheless been shifts in gender power. In parliament, the number of women members stands at just under 30 percent, while half of all the deputy ministers and a quarter of all ministers are women (Zulu 1998). These can legitimately be seen as victories for and of feminism.

Are All Semipresidential Regimes the Same? A Comparison of Premier-Presidential Regimes

Abstract: The transition to democracy in East Europe and the former Soviet Union has provided political scientists an opportunity to reexamine several old institutional debates. Similarly to the period of Latin American democratization in the 1970s, political scientists are currently exploring the impact of institutional design on the process of postcommunist democratization. Over the last ten years much has been written about electoral and party systems, the judiciary, and constitution making in East Europe and the former Soviet Union.' Perhaps no issue has received more attention than regime type. Numerous books and articles have focused squarely on the issue of postcommunist parliaments and presidencies.2 Other works have either compared the institutional choice of postcommunist countries to other regions or placed the issue within a broader theoretical perspective.3 The issue of regime type is important because in the opinion of most scholars it has an impact not only on the transition to but also on the consolidation and the maintenance of democracy.4 The choice of regime type has generally been regarded as lying between parliamentarism and presidentialism, and until recently most political scientists argued that a parliamentary regime was more conducive to democratization.5 Recent studies by John Carey, Scott Mainwaring, and Matthew Shugart have led to a reassessment of the advantages of presidentialism, but there is still no consensus on which regime type is superior.6 However, the postcommunist transition to democracy has demonstrated the popularity of the semipresidential regime. This type combines the institutions of presidential and parliamentary regimes. The term "semipresidentialism" was first coined by Maurice Duverger to describe the system of government established during the French Fifth Republic and has since been used to describe a host of countries that combine presidential and parliamentary institutions.7 Shugart and Carey refined the concept to emphasize the substantial differences among semipresidential regimes. They created a system of classification based on the distribution of power between the two executives, the president and the prime minister. Countries in which the prime minister exerts greater executive power are labeled premier-presidential regimes, while countries in which the president wields greater authority are known

A Constitution for Europe? Some Hard Choices

Abstract: The Convention on the Future of Europe is likely to produce a constitutional prototype for Europe. In this article, I focus on five hard constitutional choices which Europe will face: the constitutional significance of enlargement; the 'pure' constitutional issue, namely the significance of form; the issue of Europe's social solidarity as a defining identity marker and the question of whether it should, therefore, be constitutionalized thereby taking it out of day-to-day politics; the issue of policing rather than defining the demarcation of competences between the Union and Member States; and, finally, the tricky issue of a human rights policy for Europe.

A democracy of chameleons : politics and culture in the New Malawi

Abstract: After thirty years of autocratic rule under ”Life President” Kamuzu Banda, Malawians experienced a transition to multiparty democracy in 1994. A new constitution and several democratic institutions ...

Undoing the global constitution: UN Security Council action on the International Criminal Court

Abstract: The adoption of the Rome Statute of the International Criminal Court (ICC) adopted in 1998, marked the culmination of the international constitutional law–making of the twentieth century. The Statute reflects a vision of an advanced universal legal order, administered through a process of multilayered international governance. In this article the author examines the key elements of this design, including the doctrine of universality of international criminal jurisdiction, the process of universal law–making and international institution–building. The author places these concepts, and the ICC itself, into the context of the emerging international constitutional order. He also considers the attempts of the United States government to undermine some of the key assumptions that underpin the concept of the ICC. In addition to analysing the objections put by the US government, the author addresses its campaign in the United Nations Security Council to exempt US service personnel and others from the reach of the court. He argues that this episode represents a very important factor in the possible development of two parallel international legal systems: one of universal application, and a special set of rules and exemptions that, it is argued, should only apply to the one remaining superpower.

A Constitution for Europe? Some Hard Choices

Abstract: The Convention on the Future of Europe is likely to produce a constitutional prototype for Europe. In this article I focus on five hard constitutional choices which Europe will face: the constitutional significance of enlargement; the ‘pure’ constitutional issue, namely the significance of form; the issue of Europe’s social solidarity as a defining identity marker and the question of whether it should, therefore, be constitutionalized thereby taking it out of day–to–day politics; the issue of policing rather than defining the demarcation of competences between the Union and Member States; and, finally, the tricky issue of a human rights policy for Europe.

Theorizing the Westphalian System of States: International Relations from Absolutism to Capitalism:

Abstract: This article provides a new approach, revolving around contested property relations, for theorizing the constitution, operation and transformation of geopolitical systems, exemplified with referenc...

Transnational Liftoff and Juridical Touchdown: The Regulatory Function of Private International Law in an Era of Globalization

Abstract: Globalization is sometimes considered to have led to the liftoff of international business transactions from national regulatory oversight. This Article is concerned with the connection between a liftoff of transnational business processes and the laws related to international economic transactions. In particular, the Article examines the "governing" role that national private laws play in transnational business relations through an examination of the regulatory function of private international law.The Article describes how recent "internationalist" reforms in private international law contribute to a possible liftoff and discusses representative policy justifications for these reforms, such as the facilitation of international commerce, the attainment of interstate cooperation, and the promotion of cosmopolitan fairness to parties. It then explores reasons why the traditional regulatory function of private international law has been obscured in recent internationalist reform, in particular by its ready, if misleading, identification with parochialism. To address such concerns, the Article describes a cosmopolitan account of the regulatory function of private international law in the contemporary era of globalization. It identifies the nature of the regulatory challenges that face private international law in the current international system and makes proposals for the kinds of regulatory role that private international law could play in the constitution of a pluralistic system of governance that might address some of the excesses of economic globalization.

Lawyers, litigation and English society since 1450

Abstract: Litigants and attorneys in King's Bench and common pleas, 1590-1640 interpersonal conflict and social tension - civil litigation in England, 1640-1830 litigation, state and society in England, 1200-1990 the decline and re-creation of the English legal profession in the 18th and 19th centuries apprenticeship and legal education in the 18th and first half of the 19th centuries law, lawyers and the social history of England, 1500-1850 the place of Magna Carta and the "ancient constitution" in 16th-century English legal thought courts, legal discourse, and political consciousness in early 17th-century England.

Globalising Democracy Without a State: Weak Public, Strong Public, Global Constitutionalism

Abstract: The usefulness of Dewey's conception of a public for contemporary International Relations (IR) theory lies in its explication of an expanding network of problem-solving communities (`deliberative democracy'). The idea of a weak and deliberative public endowed with growing moral influence fits well with the globalisation of communicative media and attention to human rights. Still, inclusive discussion and deliberation combined with political protest movements do not amount to egalitarian democracy. The latter presupposes not only the right to free expression but also constitutional access to processes of representation and decision making. Against the emerging background of global law, this article investigates the question of whether global society has a constitution, and gives a twofold answer. While global society can be said to have a constitution with respect to constitutive core elements of equal rights, it lacks a strong public as well as a democratic constitution. However, the existing global weak ...

Rights, Representation, and Reform: Nonsense upon Stilts and Other Writings on the French Revolution

Abstract: Editorial Introduction Considerations d'un Anglois sur la composition des Etats-Generaux Observations d'un Anglois sur un ecrit intitule Arrete de la noblesse de Bretagne Observations sur resultat de depouillement des cahiers Observations on the Draughts of Declarations-of-Rights Presented to the Committee of the Constitution of the National Assembly of France short Vies of Economy for the Use of the French Nation Supply - New Species Proposed Projet of a Constitutional Code for France Necessity of an Omnipotent Legislature Emancipate Your Colonies! Addressed to the National Convention of France Nonsense upon Stilts, or Pandora's Box Opened, or the French Declaration of Rights Prefixed to the Constitution of 1791 Laid Open and Exposed Appendices Collation Indexes

Semblances of Sovereignty: The Constitution, the State, and American Citizenship

Abstract: 1. Introduction 2. The Sovereignty Cases and the Pursuit of an American Nation-State 3. The Citizen-State: From the Warren Court to the Rehnquist Court 4. Commonwealth and the Constitution: The Case of Puerto Rico 5. The Erosion of American Indian Sovereignty 6. Indian Tribal Sovereignty beyond Plenary Power 7. Plenary Power, Immigration Regulation

Evolution of the Constitution

Abstract: An 'analytic narrative' is the presentation of crucial historical events, using the intuitions of rational choice theory, to clarify the motivations and beliefs of the principal actors. This article attempts to understand a dilemma embedded in the Declaration of Independence: the expected costs of war against Britain far exceeded any possible benefits, if these are construed simply as the removal of colonial taxation. Furthermore, war against Britain necessitated an alliance with a potential aggressive power, France. An analysis is presented indicating that the benefits also included the enormous reward of the west and the 'costs' incorporated possible future aggression by France and Spain. The narrative is extended to the Ratification of the Constitution in 1787, to suggest that the Federalists, and Madison, justifiably feared Spanish aggression in the Mississippi Valley. In the 1790s, consensus (about credible threats by the European powers) fragmented, and this led to entirely different policy preferences by Federalists and Jeffersonian Republicans. Napoleon's imperial intentions in Louisiana were, however, thwarted by the defeat of the French forces in Haiti in 1802-03. The result was the Louisiana Purchase of 1803-04.While the necessary causes of these various constitutional transformations can be appreciated, there appears to be an element of contingency, or happenstance, embedded in the sufficient causes. The purpose of the exercise is to attempt to understand the possibly chaotic basis of rapid institutional change.

The fragments imagine the nation: the case of iraq

Abstract: Iraq was formed as a modern state under a British Mandate in 1920. Its constituents were the Ottoman vilayets of Baghdad, Basra, and Mosul. As such, it was the product of two “colonial” administrations: first of the modernizing Ottoman state of the Tanzimat and the Young Turks' Constitution of 1908, then of the British Mandate.

The state, tradition and conflict in the north eastern states of India

Abstract: This short paper outlines some of the background to the work which is being carried on with the Crisis States Programme in North East India, by Professors Apurba Baruah and Manorama Sharma of the North Eastern Hill University, Shillong, Meghalaya. It draws on the visit that Harriss made to Shillong in March 2002, and on the text of a Consultation Paper on 'Empowering and Strengthening of Panchayati Raj Institutions/Autonomous District Councils/ Traditional Tribal Governing Institutions in North East India' submitted to the National Commission to Review the Working of the Constitution in December 2001.

Partidos e Comissões no Presidencialismo de Coalizão

Abstract: This article argues that the Brazilian President’s lawmaking powers, especially related to budget-making, crucially modify the incentives for more or less cooperative behavior among House members vis-a-vis their respective party representations in Congress, comparing the two democratic periods in Brazil: 1946-64 and post-1988. During the former period, given the President’s reduced agenda powers, Congress had greater freedom to define its approach to the President’s policy program without running the risk of retaliation in the form of lost patronage and budget resources. During the post-1988 period, since budget-making initiative is concentrated in the hands of the Executive Branch, the President’s bargaining power has expanded, requiring Congress to organize in more disciplined parties in order to more efficiently pressure the Administration to comply with agreements for mutual support. The study’s empirical section begins by identifying the pattern of coalitions that allowed for the developmentalist project in the 1950s as contrasted with the partisan coalition pattern that approved the constitutional reforms during the Cardoso Administration. The second section analyzes the parties’ policies towards the composition of crucial standing committees, demonstrating the impact of party loyalty on obtaining seats in the Committee on the Constitution and the Judiciary and the Committee on Finances and Taxation. The impact of party loyalty was significant in the former period and non-significant in the latter.

Civil Servants and Their Constitutions

Abstract: Public administration as an American profession originated in the early twentieth century with urban reformers advocating the application of scientific and business practices to rehabilitate corrupt city governments. That approach transformed governance in the United States but also guaranteed recurrent debate over the proper role of public administrators, who must balance the often contradictory demands of efficiency and politically defined notions of the public good. Currently the business approach holds sway. Legitimated by Al Gore's National Performance Review, the New Public Management movement promotes entrepreneurs over civil servants, performance over process, decentralization over centralization, and flexibility over rules. John Rohr demurs, arguing that the movement goes too far in downplaying the distinctively American challenges arising from the separated powers principle. Consequently, the NPM alienates public management from its natural home - a nation-state established within a constitutional order. According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well." This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada. The second half of the book examines American cases in three categories: separation of powers, individual rights, and federalism. American administrative law, Rohr concludes, has structured safeguards to protect the integrity of administrative decision-making while also holding it accountable. He summarizes his findings from the case studies by saying that the constitutional role of American civil servants comes not only from specific American experiences but also from the very nature of civil service.

Shifting the Balance? Parliament, the Executive and the British Constitution:

Abstract: This article examines the paradoxes of parliamentary reform. Focusing mainly on the House of Commons, the first section highlights the contradictory roles of parliament and utilizes a distinction b...

International Human Rights and Authoritarian Rule in Chile

Abstract: List of Tables Acknowledgments Introduction 1. Human Rights Pressures, Legitimacy, and State Responses 2. Placing Human Rights on the Government's Agenda, 1973-1975 3. Changing Discourse and Security Practices, 1976-1977 4. Building New Political Institutions through the 1980 Constitution 5. Legitimacy and Elections in the 1980s 6. Chile in International and Comparative Perspective Notes Bibliography Index