Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 283
Release: 2014
Genre: Law
ISBN: 1107047668

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Framing the State in Times of Transition

Framing the State in Times of Transition
Author: Laurel E. Miller
Publisher: US Institute of Peace Press
Total Pages: 737
Release: 2010
Genre: History
ISBN: 1601270550

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

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.

Constituent Assemblies

Constituent Assemblies
Author: Jon Elster
Publisher: Cambridge University Press
Total Pages: 267
Release: 2018-06-21
Genre: Biography & Autobiography
ISBN: 1108427529

Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.

Human Rights and Constitution Making: Institutional and procedural guarantees of rights

Human Rights and Constitution Making: Institutional and procedural guarantees of rights
Author:
Publisher:
Total Pages: 144
Release: 2018
Genre: Civil rights
ISBN: 9789213622513

This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

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.

Indigenous Peoples’ Rights in Constitutions Assessment Tool

Indigenous Peoples’ Rights in Constitutions Assessment Tool
Author: Amanda Cats-Baril
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Total Pages: 228
Release: 2020-08-09
Genre: Law
ISBN: 9176713245

The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.

Constitution Making

Constitution Making
Author: Sujit Choudhry
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2016
Genre: Constitutional history
ISBN: 9781783472956

Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.