[PDF] Constitution Making During State Building eBook

Author : Joanne Wallis
Publisher : Cambridge University Press
Page : 421 pages
File Size : 39,75 MB
Release : 2014-09-15
Category : Law
ISBN : 1316157083

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How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.

Author : H. Kumarasingham
Publisher : Routledge
Page : 223 pages
File Size : 30,36 MB
Release : 2016-03-31
Category : History
ISBN : 1317245105

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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Author : Laurel E. Miller
Publisher : US Institute of Peace Press
Page : 737 pages
File Size : 47,58 MB
Release : 2010
Category : History
ISBN : 1601270550

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Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Author : Winluck Wahiu
Publisher :
Page : pages
File Size : 40,59 MB
Release : 2011
Category : Constitutional law
ISBN :

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Author : David Landau
Publisher : Edward Elgar Publishing
Page : 624 pages
File Size : 33,53 MB
Release : 2019
Category : Law
ISBN : 1785365266

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Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Author : Joanne Wallis
Publisher : Cambridge University Press
Page : 421 pages
File Size : 37,4 MB
Release : 2014-09-15
Category : Law
ISBN : 1107064716

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This book argues that fragmented, divided societies that aren't immediately compatible with centralised statehood can best adjust by emphasising the role of constitution making.

Author : Jon Elster
Publisher : Cambridge University Press
Page : 267 pages
File Size : 22,53 MB
Release : 2018-06-21
Category : Biography & Autobiography
ISBN : 1108427529

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Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.

Author : Federica Carugati
Publisher : Princeton University Press
Page : 256 pages
File Size : 13,67 MB
Release : 2019-08-20
Category : History
ISBN : 0691195633

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A comprehensive account of how the Athenian constitution was created and how political and economic goals that were normally associated with Western developed countries were once achieved through different institutional arrangements--with lessons for contemporary constitution-building.ding.

Author : Dr Fernando Mendez
Publisher : Ashgate Publishing, Ltd.
Page : 303 pages
File Size : 21,2 MB
Release : 2013-09-28
Category : Political Science
ISBN : 147240775X

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To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 374 pages
File Size : 21,81 MB
Release : 2020-01-16
Category : Law
ISBN : 0199098360

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In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.