The Constitutional Law and Politics of Ethnic Accommodation

by Bashir Mobasher

Author	: Bashir Mobasher
Publisher	:
Total Pages	: 0
Release	: 2023
Genre	: Constitutional law
ISBN	: 9780367715441

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"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--

Constitutional Crowdsourcing

by Abat i Ninet, Antoni

Author	: Abat i Ninet, Antoni
Publisher	: Edward Elgar Publishing
Total Pages	: 192
Release	: 2021-11-23
Genre	: Law
ISBN	: 1786430517

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Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

Constitutional Law and the Politics of Ethnic Accommodation

by Bashir Mobasher

Author	: Bashir Mobasher
Publisher	: Taylor & Francis
Total Pages	: 150
Release	: 2023-12-29
Genre	: Law
ISBN	: 1003806147

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This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.

Constitutional Design for Divided Societies

by Sujit Choudhry

Author	: Sujit Choudhry
Publisher	: OUP Oxford
Total Pages	: 496
Release	: 2008-03-27
Genre	: Law
ISBN	: 0191021512

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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

The IT Revolution and Its Impact on State, Constitutionalism and Public Law

by Martin Belov

Author	: Martin Belov
Publisher	: Bloomsbury Publishing
Total Pages	: 343
Release	: 2021-02-25
Genre	: Law
ISBN	: 1509940871

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Post-human constitutionalism? A critical defence of anthropocentric and humanist traditions in algorithmic society / Martin Belov -- Constitutional dimensions of information revolution / Daniel Valchev -- The impacts of technological revolution on the role of the state / Attila Menyhárd -- Global information law : how to enhance the legitimacy of the information order in and beyond the state? / David Roth-Isigkeit -- The disruptive effects of social media platforms on democratic will-formation processes / Hoai-Thu Nguyen -- Data revolution and public will formation : regulating democratic processes in the digital age / Sascha Hardt -- Monetary sovereignty in conditions of technological revolution / Marko Dimitrijević -- Conceptual and legal challenges to the public order of states stemming from cybercurrencies / Benjamin Moron-Puech, Jérémy Cornaire and Harrison Colins -- Th e'algorithmic revolution' : fair taxation, social pact and global governance / Stefano Dorigo -- The impact of information and communication revolution on constitutional courts / Angioletta Sperti -- The constitutional limits of digital justice / Artur Flamínio da Silva and Daniela Mirante -- The impact of artificial intelligence on administrative law / Alessandro Puzzanghera -- The impact of the information and technology revolution on the constitutional rights with particular attention to personal data protection issues / Carlo Colapietro -- The digital revolution and the constitutional orders' vertical and horizontal challenges to protect privacy / Patricia Jonason -- Artificial intelligence in social and health services : a new challenge for public authorities in ensuring constitutional rights / Guerino Fares -- Gene editing e-machine learning : the international and EU legal framework / Nadina Foggetti.

Constitutions and Conflict Management in Africa

by Alan J. Kuperman

Author	: Alan J. Kuperman
Publisher	: University of Pennsylvania Press
Total Pages	: 304
Release	: 2015-07-16
Genre	: Political Science
ISBN	: 0812246586

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Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Routledge Handbook of Comparative Constitutional Change

by Xenophon Contiades

Author	: Xenophon Contiades
Publisher	: Routledge
Total Pages	: 469
Release	: 2020-06-11
Genre	: Law
ISBN	: 1351020978

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Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Constituent Power in the European Union

by Markus Patberg

Author	: Markus Patberg
Publisher	: Oxford University Press, USA
Total Pages	: 273
Release	: 2021-01-03
Genre	: Law
ISBN	: 0198845219

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This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.

Equality and Non-Discrimination in the EU

by Giovanni Zaccaroni

Author	: Giovanni Zaccaroni
Publisher	: Edward Elgar Publishing
Total Pages	: 232
Release	: 2021-02-26
Genre	: Law
ISBN	: 1789904609

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Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.