Colonial and Post-colonial Constitutionalism in the Commonwealth

Colonial and Post-colonial Constitutionalism in the Commonwealth
Author: Hakeem O. Yusuf
Publisher: Routledge
Total Pages: 245
Release: 2013-12-17
Genre: Law
ISBN: 1135081565

The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.

Commonwealth History in the Twenty-First Century

Commonwealth History in the Twenty-First Century
Author: Saul Dubow
Publisher: Springer Nature
Total Pages: 348
Release: 2020-07-05
Genre: History
ISBN: 3030417883

This edited collection draws together new historical writing on the Commonwealth. It features the work of younger scholars, as well as established academics, and highlights themes such as law and sovereignty, republicanism and the monarchy, French engagement with the Commonwealth, the anti-apartheid struggle, race and immigration, memory and commemoration, and banking. The volume focusses less on the Commonwealth as an institution than on the relevance and meaning of the Commonwealth to its member countries and peoples. By adopting oblique, de-centred, approaches to Commonwealth history, unusual or overlooked connections are brought to the fore while old problems are looked at from fresh vantage points – be this turning points like the relationship between ‘old’ and `new’ Commonwealth members from 1949, or the distinctive roles of major figures like Jawaharlal Nehru or Jan Smuts. The volume thereby aims to refresh interest in Commonwealth history as a field of comparative international history.

Colonial Origins of the American Constitution

Colonial Origins of the American Constitution
Author: Donald S. Lutz
Publisher:
Total Pages: 448
Release: 1998
Genre: History
ISBN:

Presents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR

The Oxford Handbook of Caribbean Constitutions

The Oxford Handbook of Caribbean Constitutions
Author: Richard Albert
Publisher:
Total Pages: 753
Release: 2020
Genre: Law
ISBN: 0198793049

A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.

Transnational Constitutionalism

Transnational Constitutionalism
Author: Nicholas Tsagourias
Publisher: Cambridge University Press
Total Pages: 348
Release: 2007-07-19
Genre: Law
ISBN: 113946468X

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Legislative Development in Africa

Legislative Development in Africa
Author: Ken Ochieng' Opalo
Publisher: Cambridge University Press
Total Pages: 295
Release: 2019-06-20
Genre: History
ISBN: 110849210X

Examined the development of legislatures under colonial rule, post-colonial autocratic single party rule, and multi-party politics in Africa.

Constitutionalism

Constitutionalism
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 172
Release: 2005
Genre: Constitutional history
ISBN: 1584775505

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Constitutionalism in the Global Realm

Constitutionalism in the Global Realm
Author: Poul F. Kjaer
Publisher: Routledge
Total Pages: 187
Release: 2014-04-03
Genre: Law
ISBN: 1317804813

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.