Post Sovereign Constitution Making

Post Sovereign Constitution Making
Author: Andrew Arato
Publisher: Oxford University Press
Total Pages: 321
Release: 2016
Genre: Law
ISBN: 0198755988

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

The Adventures of the Constituent Power

The Adventures of the Constituent Power
Author: Andrew Arato
Publisher: Cambridge University Press
Total Pages: 483
Release: 2017-11-30
Genre: Law
ISBN: 1107126797

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

Constitution-making Under UN Auspices

Constitution-making Under UN Auspices
Author: Vijayashri Sripati
Publisher: Oxford University Press, USA
Total 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.

Constitution Making

Constitution Making
Author: Sujit Choudhry
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2016
Genre: Constitutional history
ISBN: 9781783472956

Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.

Constituent Power and the Law

Constituent Power and the Law
Author: Joel I. Colon-Rios
Publisher:
Total Pages: 353
Release: 2020
Genre: Constituent power
ISBN: 0198785984

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Beyond Origins

Beyond Origins
Author: Angélica Maria Bernal
Publisher: Oxford University Press
Total Pages: 289
Release: 2017
Genre: Political Science
ISBN: 0190494220

Beyond Origins challenges the common view of foundings as singular, extraordinary moments of political origin and creation. Engaging with cases of founding across political traditions -- from classical Greece to contemporary Latin America -- the book argues that it is only through pragmatist understandings of democratic origins that we can realize the potential for radical democratic change.

Civil Society, Constitution, and Legitimacy

Civil Society, Constitution, and Legitimacy
Author: Andrew Arato
Publisher: Rowman & Littlefield Publishers
Total Pages: 365
Release: 2000-04-19
Genre: Philosophy
ISBN: 074257363X

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.

Territory and Power in Constitutional Transitions

Territory and Power in Constitutional Transitions
Author: George Anderson
Publisher: Oxford University Press
Total Pages: 556
Release: 2019-03-07
Genre: Law
ISBN: 0192573616

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

The Sleeping Sovereign

The Sleeping Sovereign
Author: Richard Tuck
Publisher: Cambridge University Press
Total Pages: 300
Release: 2016-02-15
Genre: Political Science
ISBN: 1316425509

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.