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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.

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Genre:
Author: Andrew Arato
Publisher: Oxford University Press
Release: 2016-03-10
File: 300 Pages
ISBN-13: 9780198755982

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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.

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Genre: Constitutional history
Author: Andrew Arato
Publisher:
Release: 2016
File: 308 Pages
ISBN-13: 0191816981

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

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Genre: Law
Author: Andrew Arato
Publisher: Cambridge University Press
Release: 2017-11-30
File: 250 Pages
ISBN-13: 9781107126794

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This book raises very interesting and important questions about the legitimacy of the contemporary use of United Nations Constitutional Assistance (UNCA) (1989-2018) which birthed in 1949, as trusteeship and was, for this reason, rejected in 1960. Conceptual confusions have turned scholars' and policymakers' attention away from the Western liberal constitution that UNCA internationalizes. The Constitution's salience makes UNCA the most significant post-1989 development---one that promotes the 'rule of law,' provides the basis for UN/ international territorial administration, and shapes all other developments. During colonialism, foreign states and international organizations starting from the League of Nations, followed by the United Nations, internationalized the Constitution in response to the colonies' supposed incapacities, and ostensibly to promote free markets, rule of law, good governance and civilized standards concerning women, with a view to 'civilize' them, and thereby morph them into sovereign states. Post 1960, UNCA has worked essentially to secure debt-relief for poor debtor sovereign states. But it does so, ostensibly to promote the same ends with a view to 'modernize' them, thus 'strengthening' their supposedly weakened sovereignty, which means, sovereign states experience political domination and control just as they did when they were colonies. This book concludes that UNCA which continues as trusteeship, makes a new addition to the 'standards of civilization': transparent, inclusive and participatory constitution-making. UNCA violates developing states' right to self-determination. This book provides a new constitutional dimension of trusteeship, one that creates and perpetuates global inequality.

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Genre: Law
Author: Vijayashri Sripati
Publisher: Oxford University Press, USA
Release: 2020-02-20
File: 320 Pages
ISBN-13: 0199498024

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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

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Genre: Political Science
Author: Jean L. Cohen
Publisher: Cambridge University Press
Release: 2012-08-02
File: Pages
ISBN-13: 9781139560269

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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}

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Genre: Law
Author: David Landau
Publisher: Edward Elgar Publishing
Release: 2019
File: 624 Pages
ISBN-13: 9781785365263

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Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

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Genre: Political Science
Author: Jim McConalogue
Publisher: Springer
Release: 2019-07-17
File: 291 Pages
ISBN-13: 9783030252908

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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

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Genre: Law
Author: Jiří Přibáň
Publisher: Routledge
Release: 2016-03-09
File: 262 Pages
ISBN-13: 9781317052081

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The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

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Genre: History
Author: Andrew Arato
Publisher: Columbia University Press
Release: 2009-03-13
File: 376 Pages
ISBN-13: 9780231512435

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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.

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Genre: Law
Author: George Anderson
Publisher: Oxford University Press
Release: 2019-03-07
File: 464 Pages
ISBN-13: 9780192573612

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