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.

The National Security Constitution

Author: Paul F Scott
Publisher: Bloomsbury Publishing
ISBN: 9781509911035
Release Date: 2018-05-17
Genre: Law

This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.

Politics and Constitutions in Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 9781317537656
Release Date: 2016-07-15
Genre: Law

In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

We Have Never Been Modern

Author: Bruno Latour
Publisher: Harvard University Press
ISBN: 9780674076754
Release Date: 2012-11-01
Genre: Science

With the rise of science, we moderns believe, the world changed irrevocably, separating us forever from our primitive, premodern ancestors. But if we were to let go of this fond conviction, Bruno Latour asks, what would the world look like? His book, an anthropology of science, shows us how much of modernity is actually a matter of faith. What does it mean to be modern? What difference does the scientific method make? The difference, Latour explains, is in our careful distinctions between nature and society, between human and thing, distinctions that our benighted ancestors, in their world of alchemy, astrology, and phrenology, never made. But alongside this purifying practice that defines modernity, there exists another seemingly contrary one: the construction of systems that mix politics, science, technology, and nature. The ozone debate is such a hybrid, in Latour’s analysis, as are global warming, deforestation, even the idea of black holes. As these hybrids proliferate, the prospect of keeping nature and culture in their separate mental chambers becomes overwhelming—and rather than try, Latour suggests, we should rethink our distinctions, rethink the definition and constitution of modernity itself. His book offers a new explanation of science that finally recognizes the connections between nature and culture—and so, between our culture and others, past and present. Nothing short of a reworking of our mental landscape. We Have Never Been Modern blurs the boundaries among science, the humanities, and the social sciences to enhance understanding on all sides. A summation of the work of one of the most influential and provocative interpreters of science, it aims at saving what is good and valuable in modernity and replacing the rest with a broader, fairer, and finer sense of possibility.

Constitutional Theocracy

Author: Ran Hirschl
Publisher: Harvard University Press
ISBN: 9780674059375
Release Date: 2011-05-05
Genre: Law

In this ground-breaking book, renowned constitutional scholar Ran Hirschl describes “constitutional theocracy,” a new, hybrid form of government that has emerged from an overlapping of two parallel trends during the 20th century: the rise in political religion on the one hand and the spread of constitutional forms of government to most countries in the world on the other. Hirschl delivers two blockbuster theses: That in most constitutional theocracies, 1) courts are the primary secular agents of government, and 2) the electorate usually has a choice between a secular party that is against redistribution of wealth and a more theological party that supports redistribution. This last thesis, especially, will be news to many of the book’s American readers, who are accustomed to a theological politics stridently opposed to redistribution.

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.

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.

Our Republican Constitution

Author: Randy E. Barnett
Publisher: HarperCollins
ISBN: 9780062412300
Release Date: 2016-04-19
Genre: Political Science

A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

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.

How Democratic is the American Constitution

Author: Robert Alan Dahl
Publisher: Yale University Press
ISBN: 0300095244
Release Date: 2003
Genre: History

In this volume, an eminent political scientist questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how Americans might alter their political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.

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.

The Cambridge Handbook of Deliberative Constitutionalism

Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 9781108307796
Release Date: 2018-04-19
Genre: Law

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Unlocking Constitutional and Administrative Law

Author: Mark Ryan
Publisher: Routledge
ISBN: 9781317313595
Release Date: 2018-08-30
Genre: Law

Constitutional and administrative law (public law) is an essential element of all law degrees. Unlocking Constitutional and Administrative Law will ensure that you grasp the main concepts with ease, while giving you an indispensable foundation in the subject. This revised fourth edition is fully up to date with the latest key changes in the law and constitutional developments. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives; activities such as self-test questions; charts of key facts to consolidate your knowledge; diagrams to aid memory and understanding; prominently displayed cases and judgments; chapter summaries; a glossary of legal terminology; essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units.