This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

This book reviews the influence of the idea of corporatism and its impacts within Indonesia's 1945 independence Constitution. As some scholars have noted, the 1945 Constitution is most likely influenced by the idea of the Integralistic State. This idea was submitted by Professor Soepomo, one of the members of the BPUPK and PPKI. Professor Soepomo explains that there are three types of State: the Marxian State, the Liberal State, and the Integralistic State. The Integralistic State is a State with roots from the idea of Hegel of a totalitarian State, which the best ideal model is German. Professor Soepomo claims that the idea itself has been accepted and has lived out within the Indonesian society for ages. Therefore, his proposal has been widely accepted by whole members, with some critics proposed by certain members, especially on the idea of basic rights which Soepomo condemns as a form of liberal ideas. However, the process has gone into eclectic results, which contains a mixture of Hegelian ideas and liberal ones on the concept of State. The problem is that all noted scholars did not realize that, on July 11, 1945, Soepomo delivered a speech in regards with the idea of Corporative State. Besides, such an idea practically was affected in the administration of President Soekarno and President Soeharto as well. These two administrations have promulgated so many laws with roots on the idea Corporatism. For instance, these administrations apply functional-centralized economic arrangements based upon the value of a totalitarian State as found in the first chapter of this book. Uniquely, even though the 1945 Constitution formally was not claimed as a corporative constitution, most of the members delivered some speeches which have been influenced by the idea of Corporatism, especially when they agree on some ideas. This book is the first and only that envisages that Indonesian independence constitution having been influenced potentially by the idea of Corporatism.

This book is the first conceptual and comparative empirical work on the relation between corporatism and dictatorships, bringing both fields under a joint conceptual umbrella. It operationalizes the concepts of social and political corporatism, diffusion and critical junctures and their particular application to the study of Fascist-Era dictatorships. The book’s carefully constructed balance between theory and case studies offers an important contribution to the study of dictatorships and corporatism. Through the development of specific indicators in ‘critical junctures’ of regime change and institutionalization, as well as qualitative data based on different sources such as party manifestos, constitutions and constitutional reforms, expert commissions and the legislation that introduces corporatism, this book traces transnational sources of inspiration in different national contexts. By bringing together a number of both established and new voices from across the field, this book will be of interest to students and scholars of fascism, dictatorship and modern European politics.

What drove the horizontal spread of authoritarianism and corporatism between Europe and Latin America in the 20th century? What processes of transnational diffusion were in motion and from where to where? In what type of ‘critical junctures’ were they adopted and why did corporatism largely transcend the cultural background of its origins? What was the role of intellectual-politicians in the process? This book will tackle these issues by adopting a transnational and comparative research design encompassing a wide range of countries.

Examining 36 democracies from 1945 to 2010, this text arrives at conclusions about what type of democracy works best. It demonstrates that consensual systems stimulate economic growth, control inflation and unemployment, and limit budget deficits.

Political parties are an essential ingredient in a modern democracy. They are also seen as the least trusted and most problematic institution in most democratic systems. While there have been attempts to strengthen parties through institutional design and capacity building, a new strategy has been to quarantine them from parts of parliament. Within the space of a few years the Philippines, Thailand and Indonesia implemented designs for parliamentary representation that proscribed the established political parties from a parliamentary chamber or part thereof. Using these three countries as case studies, this book traces the historical context for institutional designs, the intentions behind them and their implementation through at least one full parliamentary term. It investigates the conceptual architecture of the non-partisan designs, identifying corporatism as one (discredited) alternative and "championship" as another. While there is a yearning for exemplary people as representatives, the designers have struggled to find a successful means of having these champions elected to office. The book concludes that non-partisan chambers, based on the evidence to date, are not viable. This book is of interest to scholars of Southeast Asian Politics, Party Politics, Governance Institutions and Democracy.

"A transnational history of corporatism-a "third path" between capitalism and communism-centered on mid-twentieth century Brazil. Following the First World War, there was a widespread feeling that the unchecked free-market competition had given rise to financial crisis, social unrest, and chronic underdevelopment. With people and governments across the world looking for an alternative to laissez-faire capitalism, Brazil took a central role in experimenting with a "third path" between capitalism and communism: corporatism. Remaking Capitalism: A Global History of Corporatism in Brazil, 1920s-1960s argues that corporatism transformed the Brazilian state into an agent of economic development, and it explains why it matters that this transformation was engineered under an authoritarian regime. Melissa Teixeira incorporates wide-ranging legal, economic, and cultural sources to document the process of state-building from the perspective of government ministries and grocery markets alike from 1917 to the 1950s. During the Getulio Vargas regime (1930-45), especially, the state took an unprecedented role in controlling social pressures and economic growth via wage and price agencies, labor tribunals and technical councils. Teixeira looks beyond categorical authoritarianism to explain how corporatism constituted an early experiment with the mixed economy as a path to development, combining state planning with a market economy. Corporatism, she shows, generated a model of development dependent on uneven and unequal citizenship, in which economic interests-and not individuals-organized and petitioned through the state. With Brazil at the center of this story of economic experimentation, Remaking Capitalism centers the Global South in the longer history of the production of economic thought. Drawing comparisons with the United States, Italy, and Portugal, Teixeira offers a transnational history of this important interwar attempt to create a third way between capitalism and communism"--