Constitutional Negotiations In Federal Reforms
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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.
Author | : Arthur Benz |
Publisher | : Oxford University Press |
Total Pages | : 287 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198786077 |
This volume compares processes of constitutional reform in federal and regionalized states.
Author | : Michele Brandt |
Publisher | : |
Total Pages | : 369 |
Release | : 2011 |
Genre | : |
ISBN | : 9782839908719 |
Author | : Rogers M. Smith |
Publisher | : University of Pennsylvania Press |
Total Pages | : 336 |
Release | : 2020-08-14 |
Genre | : Political Science |
ISBN | : 0812252349 |
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.
Author | : Arthur Gunlicks |
Publisher | : Manchester University Press |
Total Pages | : 426 |
Release | : 2003-11-22 |
Genre | : Political Science |
ISBN | : 9780719065330 |
This book provides a detailed introduction to how the Lander (the 16 states of Germany) function not only within the country itself but also within the wider context of European political affairs. Some knowledge of the role of the Lander is essential to an understanding of the political system as well as of German federalism. This book traces the origin of the Lander. It looks at their place in the constitutional order of the country and the political and administrative system. Their organization and administration are fully covered, as is their financing. Parties and elections in the Lander and the controversial roles of parliaments and deputies are also examined.
Author | : Keith G. Banting |
Publisher | : Taylor & Francis |
Total Pages | : 376 |
Release | : 1983 |
Genre | : Law |
ISBN | : 9780458959501 |
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : Jack M. Balkin |
Publisher | : Harvard University Press |
Total Pages | : 481 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0674063031 |
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Author | : George Anderson |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Law |
ISBN | : 9780198836544 |
This collection examines the challenges faced by countries competing over territorial claims during constitutional transitions. It addresses two scenarios in particular: authoritarian to democratic rule against a backdrop of violent conflict; and transitions within electoral democracies in response to claims for territorial autonomy.
Author | : Arthur Benz |
Publisher | : Verlag Barbara Budrich |
Total Pages | : 420 |
Release | : 2012-05-30 |
Genre | : Political Science |
ISBN | : 3866495536 |
This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion