Unstable Constitutionalism

Unstable Constitutionalism
Title Unstable Constitutionalism PDF eBook
Author Mark Tushnet
Publisher Cambridge University Press
Pages 415
Release 2015-09-17
Genre Law
ISBN 1316419088

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Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.

Unstable Constitutionalism

Unstable Constitutionalism
Title Unstable Constitutionalism PDF eBook
Author Mark V. Tushnet
Publisher
Pages
Release 2016
Genre Constitutional law
ISBN 9781316421383

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Constitutionalism

Constitutionalism
Title Constitutionalism PDF eBook
Author Charles Howard McIlwain
Publisher The Lawbook Exchange, Ltd.
Pages 172
Release 2005
Genre Constitutional history
ISBN 1584775505

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Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Fault Lines in the Constitution: The Graphic Novel

Fault Lines in the Constitution: The Graphic Novel
Title Fault Lines in the Constitution: The Graphic Novel PDF eBook
Author Cynthia Levinson
Publisher First Second
Pages 288
Release 2020-09-22
Genre Comics & Graphic Novels
ISBN 1250806127

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The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions.

Constitutional Erosion in Brazil

Constitutional Erosion in Brazil
Title Constitutional Erosion in Brazil PDF eBook
Author Emilio Peluso Neder Meyer
Publisher Bloomsbury Publishing
Pages 320
Release 2021-07-15
Genre Law
ISBN 1509942602

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This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.

The New Commonwealth Model of Constitutionalism

The New Commonwealth Model of Constitutionalism
Title The New Commonwealth Model of Constitutionalism PDF eBook
Author Stephen Gardbaum
Publisher Cambridge University Press
Pages 275
Release 2013-01-03
Genre Law
ISBN 1107009286

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Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Authoritarian Constitutionalism

Authoritarian Constitutionalism
Title Authoritarian Constitutionalism PDF eBook
Author Helena Alviar García
Publisher Edward Elgar Publishing
Pages 400
Release 2019
Genre Law
ISBN 1788117859

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The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.