American Constitutionalism Heard Round the World, 1776-1989

American Constitutionalism Heard Round the World, 1776-1989
Title American Constitutionalism Heard Round the World, 1776-1989 PDF eBook
Author George Athan Billias
Publisher NYU Press
Pages 560
Release 2011-12
Genre History
ISBN 0814725171

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Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.

Modern Constitutions

Modern Constitutions
Title Modern Constitutions PDF eBook
Author Rogers M. Smith
Publisher University of Pennsylvania Press
Pages 336
Release 2020-08-14
Genre Political Science
ISBN 0812252349

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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.

The Cambridge Handbook of Deliberative Constitutionalism

The Cambridge Handbook of Deliberative Constitutionalism
Title The Cambridge Handbook of Deliberative Constitutionalism PDF eBook
Author Ron Levy
Publisher Cambridge University Press
Pages 723
Release 2018-04-19
Genre Law
ISBN 1108304796

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Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Rule of Law and Fundamental Rights

Rule of Law and Fundamental Rights
Title Rule of Law and Fundamental Rights PDF eBook
Author Alfredo Narváez Medécigo
Publisher Springer
Pages 275
Release 2015-11-07
Genre Law
ISBN 3319245627

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This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

The Routledge Companion to the French Revolution in World History

The Routledge Companion to the French Revolution in World History
Title The Routledge Companion to the French Revolution in World History PDF eBook
Author Alan Forrest
Publisher Routledge
Pages 364
Release 2015-09-16
Genre History
ISBN 1317413873

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The Routledge Companion to the French Revolution in World History engages with some of the most recent trends in French revolutionary scholarship by considering the Revolution in its global context. Across seventeen chapters an international team of contributors examine the impact of the Revolution not only on its European neighbours but on Latin America, North America and Africa, assess how far events there impacted on the Revolution in France, and suggest something of the Revolution’s enduring legacy in the modern world. The Companion views the French Revolution through a deliberately wide lens. The first section deals with its global repercussions from the Mediterranean to the Caribbean and includes a discussion of major insurrections such as those in Haiti and Venezuela. Three chapters then dissect the often complex and entangled relations with other revolutionary movements, in seventeenth-century Britain, the American colonies and Meiji Japan. The focus then switches to international involvement in the events of 1789 and the circulation of ideas, people, goods and capital. In a final section contributors throw light on how the Revolution was and is still remembered across the globe, with chapters on Russia, China and Australasia. An introduction by the editors places the Revolution in its political, historical and historiographical context. The Routledge Companion to the French Revolution in World History is a timely and important contribution to scholarship of the French Revolution.

A History of Western Public Law

A History of Western Public Law
Title A History of Western Public Law PDF eBook
Author Bruno Aguilera-Barchet
Publisher Springer
Pages 788
Release 2014-12-31
Genre Law
ISBN 331911803X

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The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.

Lincoln and the Triumph of the Nation

Lincoln and the Triumph of the Nation
Title Lincoln and the Triumph of the Nation PDF eBook
Author Mark E. Neely Jr.
Publisher Univ of North Carolina Press
Pages 417
Release 2011-11-21
Genre History
ISBN 0807869023

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The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.