Constitution Making Under Occupation

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

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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

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

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Constitution-making in a Democracy

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

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Constitution-making Under UN Auspices

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

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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

Some Tendencies in Constitution Making
Title Some Tendencies in Constitution Making PDF eBook
Author Orrin Kip McMurray
Publisher
Pages 23
Release 1914
Genre
ISBN

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Constitution-making in Japan 1945-1947

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

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Democracy's Victory and Crisis

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

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Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.