Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Where Is Guantanamo

Abstract: This essay argues that Guantanamo lies at the heart of the American Empire. The legal status of the prisoners there must be understood in the context of an imperial history that dates back to the U.S. occupation of Cuba in 1898. This history explains how the U.S. Naval Station, Guantanamo Bay, Cuba, has become an ambiguous space, both inside and outside national and juridical borders and how this ambiguity reinforces the harsh penal regime. The essay argues that the legacies of U.S. imperialism inform key contemporary debates about Guantanamo: the question of national sovereignty, the codification of the prisoners as "enemy combatants," and the uncertainty about whether the U.S. Constitution holds sway there. Turning to the 2004 Supreme Court decision, Rasul v. Bush, the essay argues that the justices are not only interested in restraining executive power to bring Guantanamo within the rule of domestic law; they also show concern with the scope of U.S. power in the world and the extent to which the judiciary should accompany or limit U.S. military rule abroad. A close reading of the Supreme Court's decision and dissent shows that the logic and rhetoric of Rasul v. Bush rely on and perpetuate the imperial history the decision also elides. In concert other recent decisions about civil liberties and national security, Rasul v. Bush contributes to the global expansion of U.S. power by reworking the earlier history of imperial rule. The Court's legal decisions respond to the changing demands of empire today by creating new categories of persons before the law that extend far beyond Guantanamo Bay, Cuba.

Islam and Human Rights: Tradition and Politics

Abstract: Contents Preface Acknowledgments 1 Assimilating Human Rights in the Middle East Background: Legal Hybridity in the Middle East Misperceptions About Applying International Human Rights Law as Serving Imperialism Cultural Relativism Muslims Challenge Cultural Relativism Actual Human Rights Concerns in the Middle East The Emergence of International Human Rights Law Muslims' Responses to and Involvement in the UN Human Rights System Summary 2 Human Rights in International and Middle Eastern Systems: Sources and Contexts International Human Rights: Background Islamic Human Rights: Sources The Impact of Islamization on Constitutions and Justice The Taliban Takeover of Afghanistan and Its Aftermath Saudi Arabia Confronts Pressures for Reforms and Liberalization Summary 3 Islamic Tradition and Muslim Reactions to Human Rights The Premodern Islamic Heritage Muslim Reactions to Western Constitutionalism The Persistence of Traditional Priorities and Values Consequences of Insecure Philosophical Foundations Islamic Human Rights and Cultural Nationalism Ambivalent Attitudes on Human Rights Summary 4 Islamic Restrictions on Human Rights Permissible Qualifications of Rights in International Law Islamic Formulas Limiting Rights Restrictions in the Iranian Constitution Restrictions in the UIDHR Restrictions in Other Islamic Human Rights Schemes Islam and Human Rights in the New Constitutions of Afghanistan and Iraq Summary 5 Discrimination Against Women and Non-Muslims Equality in the Islamic Legal Tradition Equality in Islamic Human Rights Schemes Equal Protection in US and International Law Equal Protection in Islamic Human Rights Schemes Equality in the New Afghan and Iraqi Constitutions Summary 6 Restrictions on the Rights of Women Background Islamic Law and Women's Rights Muslim Countries' Reactions to the Women's Convention Tabandeh's Ideas Mawdudi's Ideas The UIDHR Islamization in Iran and the Iranian Constitution The al-Azhar Draft Constitution The Cairo Declaration and the Saudi Basic Law Women's Rights in Pakistan The New Afghan and Iraqi Constitutions The Influence of Sex Stereotyping Summary 7 Islamic Human Rights Schemes and Religious Minorities The Historical Background of Current Issues Facing Religious Minorities International Standards Prohibiting Religious Discrimination Shari'a Law and the Rights of Non-Muslims Tabandeh's Ideas The UIDHR The Iranian Constitution Mawdudi and Pakistan's Ahmadi Minority The Cairo Declaration, the Saudi Basic Law, and the al-Azhar Draft Constitution US Policies on Religious Minorities and Developments in Afghanistan and Iraq Summary 8 The Organization of Islamic Cooperation and Muslim States Resist Human Rights for Sexual Minorities Background Sexual Minorities in the Middle East Contested Islamic Authority Tensions with the West over the Treatment of Sexual Minorities Muslim States' Objections to New UN Initiatives Summary 9 Freedom of Religion in Islamic Human Rights Schemes Controversies Regarding the Shari'a Rule on Apostasy Muslim Countries Confront Freedom of Religion The Contemporary Significance of Apostasy Tabandeh's Ideas The UIDHR The al-Azhar Draft Constitution The Iranian Constitution Sudan Under Islamization Mawdudi and Pakistani Law Affecting Religious Freedom The Cairo Declaration and the Saudi Basic Law The Afghan and Iraqi Constitutions US Interventions in the Domain of Religious Freedom Expanding the Reach of Laws Criminalizing Insults to Islam: From the Rushdie Affair to the Danish Cartoons Controversy Summary 10 An Assessment of Islamic Human Rights Schemes Appendix A: Excerpts from the Iranian Constitution Appendix B: The Cairo Declaration on Human Rights in Islam Appendix C: 2009 Resolution on Combating Defamation of Religions Glossary Bibliography Notes Index

Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy

Abstract: Preface Pt. I: Deciding Who Decides: The Comparative Analysis of Institutional Performance 1: Taking Institutional Choice Seriously 2: Social Goals and Public Policies: Bridging the Gap between Them Pt. II: Who Plays, Who Doesn't: The Participation-Centered Approach to the Political Process, the Market, and the Courts 3: The Political Process: The Power of the Few and the Power of the Many 4: The Market Process: Transaction Costs and Transaction Benefits 5: The Courts as an Institution: The Structure and Scale of Justice Pt. III: Applications: Weighing the Relative Merits of Institutions 6: Safety, Tort Law, and Tort Reform 7: Constitutional Law and Constitution Making 8: American Constitutional Law: The Contours of Judicial Review 9: Summary and Conclusion: Propositions Audiences, and Reformations Author Index Subject Index

The Politics of the Ancient Constitution: An Introduction to English Political Thought, 1603–1642

Abstract: The events of the years 1600 1642 have been argued over intensively by historians. Central to these arguments has been a search for the causes of the English Revolution. Many recent historians have denied that the Revolution had any long-term causes, and they have begun to see the period before 1642 in its own terms. These historians have suggested that before the 1640s English politics was based on consensus rather than conflict or opposition. Glenn Burgess examines the implications of these recent revisions of the early Stuart period for the history of political thought. This book is primarily a study of the political ideas of common lawyers the ideology of the "Ancient Constitution" and looks closely at the ideas of such men as Sir Edward Coke and John Selden. On this Dr. Burgess builds a general interpretation of early Stuart political thought. He argues that before 1625 ideological consensus was maintained in England, not because everyone agreed with everyone else, nor because there was no conflict over matters of principle, but because there were agreed conventions that held together seemingly contradictory political theories. Burgess examines the history of political thought in relation to professional groups civil and common lawyers, and clerics, primarily and in terms of the distinctive discourses they produced. After 1625 the boundaries between their discourses began to dissolve and political disputes became more threatening to the nation's stability. Through this approach, Burgess is able to show why it was that a period of "ideological consensus" was also a period of bitter political conflict."