Hybrid Constitutions

Author: Vicki Hsueh
Publisher: Duke University Press
ISBN: 9780822391616
Release Date: 2010-01-06
Genre: Political Science

In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Hybrid Constitutionalism

Author: Eric C. Ip
Publisher: Cambridge University Press
ISBN: 9781107194922
Release Date: 2019-04-30
Genre: Law

Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Frontier Constitutions

Author: John D. Blanco
Publisher: Univ of California Press
ISBN: 9780520255197
Release Date: 2009-02-24
Genre: History

Drawing from original sources in Spanish and Tagalog, Blanco shows how artists and writers - in works as varied as plays, novels, histories, paintings, and reports submitted to the Spanish monarchy - struggled to synthesize these contradictions as they attempted to secure the colonial order or, conversely, to achieve Philippine independence."--BOOK JACKET.

The Oxford Handbook of State and Local Government

Author: Donald P. Haider-Markel
Publisher: OUP Oxford
ISBN: 9780191611964
Release Date: 2014-04-03
Genre: Political Science

The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Australia s Constitution after Whitlam

Author: Brendan Lim
Publisher: Cambridge University Press
ISBN: 9781107119468
Release Date: 2017-04-06
Genre: Law

Australia's constitutional crisis of 1975 was not simply about the precise powers of the Senate or the Governor-General. It was about competing accounts of how to legitimate informal constitutional change. For Prime Minister Gough Whitlam, and the parliamentary tradition that he invoked, national elections sufficiently legitimated even the most constitutionally transformative of his goals. For his opponents, and a more complex tradition of popular sovereignty, more decisive evidence was required of the consent of the people themselves. This book traces the emergence of this fundamental constitutional debate and chronicles its subsequent iterations in sometimes surprising institutional configurations: the politics of judicial appointment in the Murphy Affair; the evolution of judicial review in the Mason Court; and the difficulties Australian republicanism faced in the Howard Referendum. Though the patterns of institutional engagement have varied, the persistent question of how to legitimate informal constitutional change continues to shape Australia's constitution after Whitlam.

Constitutions in Authoritarian Regimes

Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 9781107047662
Release Date: 2013-12-31
Genre: Law

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

How Constitutions Change

Author: Dawn Oliver
Publisher: Bloomsbury Publishing
ISBN: 9781847317889
Release Date: 2011-08-09
Genre: Law

This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

Choice and the Legal Order

Author: Norman Lewis
Publisher: Cambridge University Press
ISBN: 0406050503
Release Date: 1996-04
Genre: Law

Explores the legal foundations of contemporary politics and morality, revealing how commitment to democratic principles has implications for law in all its manifestations--academic, professional and political.

The English in the West Indies

Author: James Anthony Froude
Publisher: Cambridge University Press
ISBN: 9781108023702
Release Date: 2010-12-09
Genre: History

An eminent Victorian historian makes observations on the British West Indies, and comments on their peoples and government.

Intimations of Global Law

Author: Neil Walker
Publisher: Cambridge University Press
ISBN: 9781316195703
Release Date: 2014-11-22
Genre: Law

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of 'legal pluralism' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.

Sovereignty Property and Empire 1500 2000

Author: Andrew Fitzmaurice
Publisher: Cambridge University Press
ISBN: 9781107076495
Release Date: 2014-10-23
Genre: History

Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

Presidents Parties and Prime Ministers

Author: David J. Samuels
Publisher: Cambridge University Press
ISBN: 9781139489379
Release Date: 2010-05-17
Genre: Political Science

This book provides a framework for analyzing the impact of the separation of powers on party politics. Conventional political science wisdom assumes that democracy is impossible without political parties, because parties fulfil all the key functions of democratic governance. They nominate candidates, coordinate campaigns, aggregate interests, formulate and implement policy, and manage government power. When scholars first asserted the essential connection between parties and democracy, most of the world's democracies were parliamentary. Yet by the dawn of the twenty-first century, most democracies had directly elected presidents. David J. Samuels and Matthew S. Shugart provide a theoretical framework for analyzing variation in the relationships among presidents, parties, and prime ministers across the world's democracies, revealing the important ways that the separation of powers alters party organization and behavior - thereby changing the nature of democratic representation and accountability.

World Constitutions

Author: Bhagwan Vishnoo
Publisher: Sterling Publishers Pvt. Ltd
ISBN: 8120719379
Release Date: 1997
Genre: