Constitution Making Under Occupation
Title | Constitution Making Under Occupation PDF eBook |
Author | Andrew Arato |
Publisher | Columbia University Press |
Pages | 376 |
Release | 2009 |
Genre | History |
ISBN | 0231143028 |
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
Constitution-making in a Democracy
Title | Constitution-making in a Democracy PDF eBook |
Author | Vernon Alfred O'Rourke |
Publisher | Baltimore, Md. : Johns Hopkins Press |
Pages | 312 |
Release | 1943 |
Genre | Constitutional conventions |
ISBN |
Constitution-making in a Democracy
Title | Constitution-making in a Democracy PDF eBook |
Author | Vernon A. O'Rourke |
Publisher | |
Pages | 286 |
Release | 1943 |
Genre | |
ISBN |
Constitution-making Under UN Auspices
Title | Constitution-making Under UN Auspices PDF eBook |
Author | Vijayashri Sripati |
Publisher | Oxford University Press, USA |
Pages | 0 |
Release | 2020 |
Genre | Law |
ISBN | 9780199498024 |
Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.
Some Tendencies in Constitution Making
Title | Some Tendencies in Constitution Making PDF eBook |
Author | Orrin Kip McMurray |
Publisher | |
Pages | 23 |
Release | 1914 |
Genre | |
ISBN |
Constitution-making in Japan 1945-1947
Title | Constitution-making in Japan 1945-1947 PDF eBook |
Author | Melba Fumiko Mamiya |
Publisher | |
Pages | 236 |
Release | 1957 |
Genre | Japan |
ISBN |
Democracy's Victory and Crisis
Title | Democracy's Victory and Crisis PDF eBook |
Author | Axel Hadenius |
Publisher | Cambridge University Press |
Pages | 446 |
Release | 1997-08-28 |
Genre | Business & Economics |
ISBN | 9780521575836 |
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.