scispace - formally typeset
Search or ask a question
Topic

Constitution

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


Papers
More filters
Book
Hanna Lerner1
12 May 2011
TL;DR: In this article, the authors argue that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one, and illustrate the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explore the various incrementalist strategies deployed by their drafters.
Abstract: How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity

97 citations

Journal ArticleDOI
TL;DR: This paper investigated how news media in Britain, Germany, and the Netherlands covered the Convention's preparation of the European Union Constitution, drawing on interviews with journalists from the UK, Germany and Netherlands.
Abstract: This multi-method study investigates how news media in Britain, Germany, and the Netherlands covered the Convention’s preparation of the European Union Constitution. The study draws on interviews w...

97 citations

Journal ArticleDOI
TL;DR: The authors examines the recent debate on the position of syari'ah in Indonesian constitutional amendments (1999-2002) and argues that the rejection of the proposed amendment to Article 29, dealing with Islam, has shown that Indonesian Islam follows the substantive approach of syri'ah, not the formal one.
Abstract: This article examines the recent debate on the position of syari'ah in Indonesian constitutional amendments (1999-2002). The article operates at two levels: a historical review of the debate on Islam and state in Indonesia and a theoretical effort to situate the Indonesian debate in the broader context of debates over Islam and constitutions. It argues that the rejection of the proposed amendment to Article 29, dealing with Islam, has shown that Indonesian Islam follows the substantive approach of syari'ah, not the formal one.

97 citations

Journal ArticleDOI
TL;DR: Baron as mentioned in this paper explores the philosophical, legal, political, educational, and sociological implications of the official-English movement, tracing the history of American attitudes toward English and minority languages during the past two centuries.
Abstract: Should the United States declare English its official language? The "English only" question, which has plagued American citizens since the founding of the country, is the focus of heated debate, with an English Language Amendment to the Constitution pending in Congress since 1981. This book provides an historically based discussion of this issue. The author explores the philosophical, legal, political, educational, and sociological implications of the official-English movement, tracing the history of American attitudes toward English and minority languages during the past two centuries. He describes how battles to save English or minority languages have been fought in the press, the schools, the courts, and the legislatures of the country. According to Baron, the impulse to impose English and limit other languages has repeatedly arisen during periods of political or economic ferment, when non-English speakers have been targeted as subversive, unemployable, or otherwise resistant to assimilation. However, says the author, many supporters of the English Language Amendment are not xenophobic but are people who believe in the ideal of one language for one nation and who argue that mastery of English is the only way to succeed in America. He discusses the recent background of the English Language Amendment, explains the arguments on each side, and assesses its future.

97 citations

BookDOI
01 Jan 2007
TL;DR: Choudhry et al. as mentioned in this paper discussed the blurred methodological matrix of comparative constitutional law, and the migration of reasoning templates in the context of the Canada Secession Reference and the case of the EU.
Abstract: 1. Migration as a new metaphor in comparative constitutional law Sujit Choudhry Part I. The Methodology of Comparativism: 2. On the blurred methodological matrix of comparative constitutional law Ran Hirschl 3. Some reflections on method in comparative constitutional law Mark Tushnet 4. The postwar paradigm and American exceptionalism Lorraine Weinrib Part II. Convergence Toward a Liberal Democratic Model?: 5. Questioning the migration of constitutional ideas: rights, constitutionalism and the limits of convergence Jeff Goldsworthy 6. Spreading liberal constitutionalism: an inquiry into the fate of free speech rights in new democracies Andras Sajo and Michel Rosenfeld 7. Underlying principles and the migration of reasoning templates: a trans-systemic reading of the Quebec Secession Reference Jean-Francois Gaudreault-Desbiens 8. Migrating marriages and comparative constitutionalism Brenda Cossman Part III. Comparative Constitutional Law, International Law and Transnational Governance: 9. Inimical to constitutional values: complex migrations of constitutional rights Mayo Moran 10. Democratic constitutionalism encounters international law: terms of engagement Mattias Kumm 11. Constitution or model treaty? Struggling over the interpretive authority of NAFTA David Schneiderman 12. The migration of constitutional ideas and the migration of the constitutional idea: the case of the EU Neil Walker Part IV. Comparative Constitutional Law in Action - Constitutionalism Post 9/11: 13. The migration of anti-constitutional ideas: the post-9/11 globalization of public law and the international state of emergency Kim Scheppele 14. The post-9/11 migration of Britain's Terrorism Act 2000 Kent Roach 15. Control systems and the migration of anomalies Oren Gross.

97 citations


Network Information
Related Topics (5)
Politics
263.7K papers, 5.3M citations
75% related
Democracy
108.6K papers, 2.3M citations
75% related
Human rights
98.9K papers, 1.1M citations
74% related
Government
141K papers, 1.9M citations
73% related
Ideology
54.2K papers, 1.1M citations
72% related
Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20241
20232,090
20224,774
2021860
20201,213
20191,262