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Their well-researched essays address diverse and crucial issues affecting South Asian constitutionalism with a view to bringing this subject to the centre-stage of constitutional discourse globally, as well as within the South Asian region. A comparative study of the processes of framing, interpretation, and application of constitutional principles of countries like Afghanistan, Bangladesh, Bhutan, India, the Maldives, Myanmar, Nepal, Pakistan, and Sri Lanka are included.
The essays provide deep insights into the historical, political, legislative, and judicial evolution of constitutionalism in South Asian countries. Keywords: constitutional law , South Asian constitutions , Constitutionalism , constitutional borrowings , framing constitutions , judicial evolution , constitutional design , constitutional stability. Arun K. Forgot password? Don't have an account? All Rights Reserved.
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Dorsen, Rosenfeld, Sajo, Baer, and Mancini's Comparative Constitutionalism: Cases and Materials, 3d
The authors argue that, in light of the significance attached to consensus in community decision making in many African societies, the adoption of proportional representation systems augurs well as an electoral model. In so arguing, they make a case, as well, for abandoning the fractionalizing winner-take-all Westminster system adopted in many Commonwealth African constitutions. The authors examine the mutually reinforcing nature of human rights, democracy, and development and the circumstances in which these ideas could contribute to the transformation of African states.
In their quest for comprehensive democratic reform in Commonwealth Africa, which the authors consider to be a prerequisite to the establishment of sound structures for economic and social development, they capture the multifaceted and complex nature of the crisis in African governance. They manage to do so, not by isolating themselves in either the theory or practice of governance but, rather, by conveying their understanding of the two as deeply connected.
Thus, one particularly admirable quality of Comparative Constitutionalism and Good Governance in the Commonwealth is its concern with not only the legal but also the institutional, organizational, financial, political, and cultural variables the authors consider necessary for the realization of comprehensive democratic reforms. For these reasons, this book offers tremendous insights for policy makers and students of African law and politics. One of the chief virtues of this book is that its authors generally do not subscribe to a binary opposition between law and tradition.
Rather than making sweeping claims that constitutionalism in Africa is persistently subverted by traditional structures of governance and a culture of authoritarianism, the authors provide careful and contextually rich analysis, recharacterizing the relationship between law and tradition as a dialectical one. Kantian cosmopolitanism is reinterpreted by way of conjoining the classic cosmopolitan moral and normative principles of universal freedom, human worth and global justice to emerging and actual contemporaneous constitution-making trends such as using international or comparative foreign models as a basis for constitutional design, using international law and foreign domestic law in national constitutional interpretation, or using regional or international bodies of adjudication and their jurisprudence as a constitutionally mandated source of law.
The outlined framework seeks to transcend the occasional historical setbacks and sceptical objections to cosmopolitanism, while admitting their continuous, albeit gradually unobtrusive presence. This framework is naturally predisposed to be deferential to a bold imaginative project, such as the one embodied in the Kantian vision of cosmopolitanism, which is both rooted in and survived the historical forces that ran contrary to the cosmopolitan ideals, to reach a point of its ever closer materialisation.
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Comparative Constitutional Law – credit requirements (CCL LL.M.) | Department of Legal Studies
In search of supra national paradigm s. Using an original data set assessing the effect of the new constitutions worldwide over the last 40 years on levels of democracy, this article argues that when popular participation and group inclusion are both considered, inclusion Using an original data set assessing the effect of the new constitutions worldwide over the last 40 years on levels of democracy, this article argues that when popular participation and group inclusion are both considered, inclusion is what matters.
After showing that group inclusion generates more improvements in levels of democracy than mere participation in our data set of implemented constitutions, we address some of prominent cases of constitution-writing failure that occur when individual participation is valued more highly than group inclusion. The article shows that even after unprecedented waves of popular participation through social media feedback Egypt and Iceland and focus groups and workshops Chile , participation alone cannot generate constitutions that improve levels of democracy, or, sometimes, even the very promulgation of new constitutions.
Indeed, using these cases as illustrations we show how participation without inclusion is doomed to failure. We then show that high inclusion cases, even if they involve low participation such as Tunisia and Colombia do generate democracy improvements. The aim of this relation is to describe the Constitutional history of Iceland from until now, trying so to analyze what has been considered all over the world a case without precedents, and even a new stage in the history of modern The aim of this relation is to describe the Constitutional history of Iceland from until now, trying so to analyze what has been considered all over the world a case without precedents, and even a new stage in the history of modern Constitutionalism.
It will be portrayed the causes that led to such a change; it will be highlighted the innovative process through the new Constitution has been written; and finally it will be compared the old Constitution with the future one. The work is divided into three main sections, each one of them deals with a different issue. Section number 4 then describes the ultimate events which have recently affected the Constitutional draft.
Philosophy of law; Constitutional theory; Comparative constitutionalism
Comparative regime in stability. The timelines below note instances of regime-change in selected European and American nations since the late eighteenth century. Regime can mean several things: the formal constitution of a nation; the governing principles of its Regime can mean several things: the formal constitution of a nation; the governing principles of its politics, society, and legal system; the actual class or group of people holding power in the government, economy, and society. Most of the dates mark formal changes in a constitution, frequently from one form of government to another, very different form: for example, from absolute monarchy to democratic republic, or from fascist dictatorship to constitutional monarchy.
Of course, these timelines are inherently limited. They pass over the three "Carlist Wars" attempts to reinstate absolute monarchy in Spain during the 19th century and the complexity of national unification in Italy and Germany. Nor do they note the instability in some of these periods: for example, the waves of left-wing terrorism in Italy and Germany during the ss, the failed coups in ss Portugal before the successful coup that led to democratic government, the ongoing drug wars in Mexico. Finally, they do not detail the precise nature of the regimes, even on such basic questions as civilian control of the military which has been the exception in Brazilian history during the 19th and 20th centuries, even when it has a republican constitution.
The purpose of these timelines is threefold: first, to demonstrate the novelty newness of liberal democracy as a form of government, even in Western Europe, one part of the world where we take it for granted today; second, to suggest the complex origins of many currently-existing democracies; finally, to contrast the stability of the American regime, despite significant changes since , with the instability of the nations listed below.
France is an instructive example. To begin with, there is the simple fact that France has had five separate republican constitutions and a number of monarchical restorations, and imperial governments in the time that the United States has had a single, gradually-amended Constitution. Moreover, the current French constitution was written, approved, and implemented after the "May crisis": a military conspiracy prompted the government to grant Charles de Gaulle dictatorial power for six months, during which time he ruled France by fiat while ensuring that a new, democratic constitution could be written, approved by the French people, and implemented.
De Gaulle was immediately elected to the presidency, which he held for the next ten years. Philosophica Critica, vol. The paper focuses on criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty.
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- Philosophy of law; Constitutional theory; Comparative constitutionalism.
This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of the judges Michelman; Dworkin. It defends the role of Parliament in constitutional matters, in contrast with the role of the Supreme Court, inasmuch as — according to them — it is not open to political participation. Parliament is considered the only place in which we can exercise our constitutional power and in which our rights could be adequately protected Bellamy; Waldron; Tushnet; Goldoni. This article tries to answer to three fundamental questions about constitutional democracy under the banner of political liberalism: 1.
What do we mean by counter-majoritarian difficulty? What is the answer that legal and political model of constitutionalism give to this question?
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What is the role of constitutional courts in democratic regimes and what is their authority within the State? The organizer is Prof. Giuseppe Martinico.