Making Constitutions

Making Constitutions
Author: Gabriel L. Negretto
Publisher: Cambridge University Press
Total Pages: 297
Release: 2013-06-17
Genre: Political Science
ISBN: 1107026520

Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa
Author: Alan J. Kuperman
Publisher: University of Pennsylvania Press
Total Pages: 304
Release: 2015-07-16
Genre: Political Science
ISBN: 0812246586

Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific
Author: Simon Chesterman
Publisher: Oxford University Press
Total Pages: 904
Release: 2019-09-12
Genre: Law
ISBN: 0192512706

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Constitutional Dynamic Chemistry

Constitutional Dynamic Chemistry
Author: Mihail Barboiu
Publisher: Springer Science & Business Media
Total Pages: 325
Release: 2012-03-24
Genre: Science
ISBN: 3642283438

Constitutional Dynamic Chemistry: Bridge from Supramolecular Chemistry to Adaptive Chemistry, by Jean-Marie Lehn Multistate and Phase Change Selection in Constitutional Multivalent Systems, by Mihail Barboiu Dynamic Systemic Resolution, by Morakot Sakulsombat, Yan Zhang and Olof Ramström Dynamic Combinatorial Self-Replicating Systems, by Emilie Moulin and Nicolas Giuseppone DCC in the Development of Nucleic Acid Targeted and Nucleic Acid Inspired Structures, by Benjamin L. Miller Dynamic Nanoplatforms in Biosensor and Membrane Constitutional Systems, by Eugene Mahon, Teodor Aastrup und Mihail Barboiu Dynamic Assembly of Block-Copolymers, by D. Quémener, A. Deratani und S. Lecommandoux Dynamic Chemistry of Anion Recognition, by Radu Custelcean Supramolecular Naphthalenediimide Nanotubes, by Nandhini Ponnuswamy, Artur R. Stefankiewicz, Jeremy K. M. Sanders und G. Dan Pantoş Synthetic Molecular Machines and Polymer/Monomer Size Switches that Operate Through Dynamic and Non-Dynamic Covalent Changes, by Adrian-Mihail Stadler und Juan Ramírez Reversible Covalent Chemistries Compatible with the Principles of Constitutional Dynamic Chemistry: New Reactions to Create More Diversity, by Kamel Meguellati und Sylvain Ladame.

Territory and Power in Constitutional Transitions

Territory and Power in Constitutional Transitions
Author: George Anderson
Publisher: Oxford University Press
Total Pages: 556
Release: 2019-03-07
Genre: Law
ISBN: 0192573616

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

Constitutional Negotiations

Constitutional Negotiations
Author: Sumit Bisarya and Thibaut Noel
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Total Pages: 14
Release: 2021-04-26
Genre: Political Science
ISBN: 9176714144

Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.

Order from Transfer

Order from Transfer
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Total Pages: 383
Release: 2013-01-01
Genre: Law
ISBN: 1781952116

ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Making Constitutions in Deeply Divided Societies

Making Constitutions in Deeply Divided Societies
Author: Hanna Lerner
Publisher: Cambridge University Press
Total Pages: 273
Release: 2011-05-12
Genre: Law
ISBN: 1139502921

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.