Constitution: government and the state Books

Book SynopsisThis is the first of a major two-volume work which provides an authoritative account of devolution in the UK since the initial settlement under New Labour in 1997. This first volume meets the need for a comprehensive, UK-wide analysis of the formative years of devolution from the years 1997 to 2007, offering a rigorous and theoretically innovative re-examination of the period that traces territorial politics from initial settlements in Scotland and Wales and the Good Friday agreement in Northern Ireland to early maturity. Bradbury reviews the trajectory and influencing factors of devolution and its subsequent impacts, using a novel framework to set a significant new agenda for thinking and research on devolution.Table of ContentsIntroduction Historical Contexts and Organising Perspectives Analysing Territorial Politics and Constitutional Policy Territorial Politics and Devolution in Scotland Territorial Politics and Devolution in Wales Territorial Politics and Devolution in Northern Ireland Politics and Devolution in Scotland and Wales, 1999– 2007 Politics and Devolution in Northern Ireland, 1998– 2007 Territorial Politics, Regionalism and England Territorial Politics, the Central State and Devolution Conclusion

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Book SynopsisAt a time of rising populism and debate about immigration, legal academic Jo Shaw sets out to review interactions between constitutions and citizenship. With examples from the political and cultural processes of countries’ worldwide, it is an incisive, accessible and urgent read for anyone interested in the boundaries of constitutions and citizenship today.Trade Review"Anyone who wants to understand the ambivalent dynamics of populism and globalism and think about the future of citizenship and democracy will profit immensely from Shaw's scholarly work." * Sandra Seubert, Goethe-Universität Frankfurt *"Democratic constitutions invoke citizens as the ultimate source of political authority. Yet the link between constitutionalism and citizenship has been surprisingly neglected so far. In her magisterial treatise, Jo Shaw paints a sweeping panorama of the global landscape of “constitutional citizenship” in all its manifold and contradictory manifestations." -- Rainer Bauböck, European University Institute, FlorenceTable of ContentsIntroduction: Juxtaposing Citizenship and Constitutions What Is Constitutional Citizenship and How Can We Study It? Key Themes Within Constitutional Citizenship Citizenship in an Era of National Populism Shifting Spatialities of Citizenship Reconciling the Ages of Populism and Globalism for an Open Concept of Constitutional Citizenship

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Book SynopsisAt a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship. This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective. Drawing on examples from around the world, it assesses how countries’ legal, political and cultural processes help to determine the boundaries of citizenship. For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.Trade Review“A broad-ranging tour de force that elegantly and uncompromisingly guides the reader through various battles of belonging, all waged under the auspices of constitutional law.” Oxford Journal of Legal Studies“Tackles hitherto under-explored dimensions of citizenship, offering a subtle, but convincing, rebuttal of its ‘fashionable’ negative treatment, while encouraging others to join in the ship-building task.” Helen Irving, Sydney Law School in the GLOBALCIT Review Symposium“It is liberating to read this book, which straddles so much research and yet finds its own multi-scalar analytical space…. [Jo Shaw] is signposting the freeway for future research. I, for one, will take advantage of this freeway.” Journal of Law and SocietyTable of ContentsPart One ~ Setting the Scene Introduction What Is ‘Constitutional Citizenship’ and How Can We Approach It? Part Two ~ Constitutional Citizenship Unpacked Picking Out the People: Ideals and Identities in the Citizenship / Constitution Relation The Acquisition and Loss of Citizenship in a Constitutional Context Filling Out Citizenship: Citizenship Rights, Constitutional Rights and Human Rights Part Three ~ Citizenship Under Pressure: National and Global Tensions The Populist Challenge to Constitutional Citizenship: The Closing of Discursive Space Shifting Spatialities of Citizenship Conclusions

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Book SynopsisToward Benevolent Neutrality (5th edition, 1996), a longstanding favorite for professors of church-and-state relationships in the U.S., has been revised and updated by one original author, Robert B. Flowers, and two new ones, Melissa Rogers and Steven K. Green. Religious Freedom and the Supreme Court contains a new introduction clearly explaining specific ways the Court delineates the idea of religious freedom on a case-by-case basis. As clearly written as its predecessor, and as appropriate for the classroom, this new book contains explanations of more recent cases, decided by a contemporary Supreme Court. It is clear, relevant, and an essential text for the twenty-first century.Trade ReviewAn authoritative handbook, striking in its probing analysis of the enduring teachings of the First Amendment. -John Witte, Jr., Jonas Robitscher Professor of Law, Emory Law School, Director, Center for the Study of Law and ReligionThis volume is hefty and comprehensive but also straightforward, accessible, and well organized.... Perceptive study questions point the reader toward both open questions and animating premises.... recommended. -- First ThingsTable of Contents Part 1 Introduction 1 The Impact of the U.S. Supreme Court on American Religious Freedom 1 Understanding the Supreme Court 2 Understanding the Protection of ""Rights"" and ""Liberties"" 2 The Historical Background to the First Amendment Religion Clauses 3 Themes and Trends in First Amendment Interpretation 3 Originalism and Its Critics 4 ""Nonpreferentialism"" and Government Financial Aid for Religion 5 Incorporation of the Establishment Clause 6 The ""Distinctiveness"" of Religion 7 ""No-Aid Separation"" v. ""Evenhanded Neutrality"" 8 Use of Speech Principles in Religion Clause Jurisprudence 9 Accommodation of Religion 10 ""Play In the Joints"" 11 ""Complementary Values, Conflicting Pressures"" 4 What Is Religion? 5 The Concept of Standing 12 Flast v. Cohen 13 Valley Forge College v. Americans United for Separation of Church and State 14 Hein v. Freedom From Religion Foundation 15 Elk Grove Unified School District v. Michael A. Newdow Part 2 The Free Exercise Clause 6 Basic Concepts and Development of Free Exercise Doctrine 16 The ""Belief-Action"" Dichotomy (Reynolds v. United States; Davisv. Beason) 17 Religious Liberty as Due Process Liberty (Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary) 18 Conscientious Objector Cases (United States v. Schwimmer; Girouard v. United States; Hamilton v. Regents of the University of California) 19 Embracing Free Exercise as a Right (Cantwell v. State of Connecticut; West Virginia State Board of Education v. Barnette; Prince v. Massachusetts) 20 Early Free Exercise on Government Property (Davis v. Commonwealth of Massachusetts; Murdock v. Pennsylvania; Heffron v. International Society for Krishna Consciousness; International Society for Krishna Consciousness v. Lee) 7 Rise and Fall of Free Exercise Exemptions: From Sherbert to Smith 21 The Rise of Judically Mandated Free Exercise Exemptions (Sherbert v. Verner; Wisconsin v. Yoder) 22 Refining the Sherbert Test (United States v. Lee; Thomas v. Review Board; Hobbie v. Unemployment Appeals Commission of Florida; Frazee v. Illinois Employment Security Department) 23 Free Exercise in Transition (Bowen v. Roy; Lyng v. Northwest Indian Cemetery Protective Association; Goldman v. Weinberger; O'Lone v. Estate of Shabazz; Hernandez v. Commissioner of Internal Revenue; Jimmy Swaggart Ministries v. Board of Equalization) 8 Rise and Fall of Free Exercise Exemptions: Smith and Beyond 24 The Fall of Judicially Mandated Free Exercise Exemptions (Employment Division v. Smith) 25 The Free Exercise Clause Beyond Smith (Church of Lukumi Babalu Aye v. City of Hialeah) 26 Congress Stands in the Gap: RFRA and RLUIPA (City of Boerne v. Archbishop Flores; Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal; Cutter v. Wilkinson) 9 Churches and the Civil Justice System 27 Church Autonomy/Schisms (Watson v. Jones; Gonzalez v. Roman Catholic Archbishop of Manila; Kedroff v. St. Nicholas Cathedral; Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church) 28 Religious Torts (United States v. Ballard; Nally v. Grace Community Church; Molko v. Holy Spirit Association; Moses v. Diocese of Colorado) 10 Religious Organizations as Employers 29 Government Oversight of Employment Practices (National Labor Relations Board v. The Catholic Bishop of Chicago; Tony and Susan Alamo Foundation v. Secretary of Labor) 30 Employment Actions by Religious Organizations (Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos; Equal Employment Opportunity Commission v. Pacific Press Publishing Association; Gellington v. Christian Methodist Episcopal Church, Inc.; Bollard v. California Diocese of the Society of Jesus) Part 3 The Establishment Clause I 11 Government Funding of Religious Schools: The Rise and Application of the ""No-Aid"" Principle 31 The Emergence of Nonsectarian Public Education and the No-Funding Principle; Developing Principles (Everson v. Board of Education of Ewing Township) 32 The High Point of ""No-Aid"" (Lemon v. Kurtzman; Committee for Public Education and Religious Liberty v. Nyquist; Committee for Public Education and Religious Liberty v. Regan; School District of Grand Rapids v. Ball) 12 Government Funding of Religious Schools: The Rise of Even-handed Neutrality and Private Choice 33 Mueller v. Allen; Zobrest v. Catalina Foothills School District; Agostini v. Felton; Mitchell v. Helms 34 Zelman v. Simmons-Harris; Locke v. Davey 13 Government Aid to Higher Education 35 Tilton v. Richardson; Hunt v. McNair 36 Roemer v. Board of Public Works of Maryland 14 Religious Organizations and Government-Funded Social Services 37 Bradfield v. Roberts; Bowen v. Kendrick 38 ""Charitable Choice"" and the ""Faith-Based Initiative"" (Charitable Choice; The Bush Administration's Faith-Based Initiative [Executive Order 13279]; Freedom from Religion Foundation v. McCallum) 15 Government Funds and Religious Institutions: A Look toward the Future Part 4 The Establishment Clause II 16 Religious Expression and Public Schools: Background, Released-Time Programs and the 1960's School-Prayer Decisions 39 Historical Background: The Common School Movement 40 ""Released-Time"" Programs (McCollum v. Board of Education; Zorach v. Clauson) 41 State-sponsored Prayer and Bible Reading: The 1960s Cases (Engel v. Vitale; School District of Abington Township v. Schempp) 17 Religious Expression in Public Schools: Moments of Silence and Post-1960s School-Prayer Cases 42 Wallace v. Jaffree 43 Lee v. Weisman 44 Santa Fe Independent School District v. Doe 18 Religious Expression in Public Schools: Religion and the Curriculum and Presidential Guidelines on Religion and Public Schools 45 Religion and the Public School Curriculum (Religious Objections to Curriculum: Evolution and Religion [Epperson v. Arkansas; Edwards v. Aguillard] 46 ""Opt outs"" [Mozert v. Hawkins County Board of Education] 47 School-sponsored Religious Displays 48 Teaching About Religion in an Academic, Rather than a Devotional, Manner) 49 Presidential Guidelines on Religious Expression in Public Elementary and Secondary Schools (""Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools"") 19 Equal Access 50 Widmar v. Vincent 51 Board of Education v. Mergens 52 Lamb's Chapel v. Center Moriches Union Free School District 53 Good News Club v. Milford Central School 54 Other Religious Expression/Access Issues (Rosenberger v. Rector and Visitors of the University of Virginia) 20 Religious Symbols on Government Property 55 Lynch v. Donnelly 56 County of Allegheny v. American Civil Liberties Union 57 Capitol Square Review v. Pinette 58 McCreary County v. American Civil Liberties Union 59 Van Orden v. Perry 21 Government Acknowledgements of Religion, Government Chaplains, Religion and Politics, and Religion in the Governmental Workplace 60 Governmental Acknowledgements of Religion and Government Chaplains (Marsh v. Chambers; Katcoff v. Marsh; Delores Rudd v. The Honorable Robert D. Ray) 61 Religion and Politics (McDaniel v. Paty; Branch Ministries v. Rossotti) 62 Religion in the Federal Workplace (""Guidelines on Religious Exercise and Religious Expression in the Federal Workplace"") 22 Religious Preferences/Delegations 63 Government Preferences of Religion (Torcaso v. Watkins; Larson v. Valente) 64 Government Delegations of Authority to Religion (Larkin v. Grendel's Den; Board of Education of Kiryas Joel Village School District v. Grumet) 23 Legislative Accommodation of Religious Exercise 65 Walz v. Tax Commission of the City of New York 66 Trans World Airlines v. Hardison 67 Estate of Thornton v. Caldor 68 Corporation of Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos 69 Texas Monthly v. Bullock 70 Board of Education of Kiryas Joel Village School District v. Grumet 71 Cutter v. Wilkinson Appendices A Bill Establishing a Provision for Teachers of the Christian Religion A Bill for Establishing Religious Freedom Memorial and Remonstrance against Religious Assessments Selected Bibliography Notes

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Book SynopsisHailed as one of Boston’s most beloved mayors and its longest serving, Thomas Menino (1942–2014) deftly managed the city’s finances and transformed Boston into the hub of innovation that it is today. During his time in office, Boston embraced modern industrial growth and moved forward with noteworthy developments that altered neighborhoods, while also facing ongoing racial strife, challenges of unaffordable housing, and significant public union negotiations. Mayors in modern American cities occupy unique positions as government leaders who need to remain active parts of their communities in addition to being tasked with fixing neighborhood issues, managing crises, and keeping schools and public infrastructure on course. Situating news coverage alongside interviews with the mayor and his administration, political scientist Wilbur C. Rich chronicles Menino’s time in office while also considering his personal and professional background, his larger-than-life personality, and his ambitions. Menino’s approach to these challenges and opportunities offers enduring lessons to anyone interested in urban government and political leadership.Trade ReviewWith this exceptional scholarship, Rich builds upon his decades of work on American mayors to place Tom Menino’s tenure in context. Rich provides the reader with a deep understanding of Boston’s urban history and how it shaped the political landscape Menino encountered during his five remarkable terms as mayor of one of our most interesting cities." - Stefanie Chambers, author of Mayors and Schools: Minority Voices and Democratic Tensions in Urban EducationTable of Contents List of Illustrations Preface Introduction Contextuality and Boston Uniqueness Chapter 1: On Becoming a Boston Politician Chapter 2: Winning Every Four Years Chapter 3: Menino, City Councilors, Policies, and the Media Chapter 4: Boston’s Day-to-Day and Recurrent Politics Chapter 5: Who Gets Housing, When, and Where? Chapter 6: Crime in the Streets and Elsewhere Chapter 7: Boston’s Racial Diversity Challenge Chapter 8: The Failure of Boston Public School Reform Chapter 9: Moguls and Students in Higher Education Conclusion Drawing Lessons from the Menino Tenure Notes Index

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Book SynopsisHailed as one of Boston’s most beloved mayors and its longest serving, Thomas Menino (1942–2014) deftly managed the city’s finances and transformed Boston into the hub of innovation that it is today. During his time in office, Boston embraced modern industrial growth and moved forward with noteworthy developments that altered neighborhoods, while also facing ongoing racial strife, challenges of unaffordable housing, and significant public union negotiations. Mayors in modern American cities occupy unique positions as government leaders who need to remain active parts of their communities in addition to being tasked with fixing neighborhood issues, managing crises, and keeping schools and public infrastructure on course. Situating news coverage alongside interviews with the mayor and his administration, political scientist Wilbur C. Rich chronicles Menino’s time in office while also considering his personal and professional background, his larger-than-life personality, and his ambitions. Menino’s approach to these challenges and opportunities offers enduring lessons to anyone interested in urban government and political leadership.Trade ReviewWith this exceptional scholarship, Rich builds upon his decades of work on American mayors to place Tom Menino’s tenure in context. Rich provides the reader with a deep understanding of Boston’s urban history and how it shaped the political landscape Menino encountered during his five remarkable terms as mayor of one of our most interesting cities." - Stefanie Chambers, author of Mayors and Schools: Minority Voices and Democratic Tensions in Urban Education

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Book SynopsisThese volumes explore the five freedoms protected in the First Amendment—speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States the freest in the world. There is no age or citizenship requirement to exercise your First Amendment—they are guaranteed the day you are born as long as you are in the U.S. Few Americans would question the importance of the First Amendment, despite the misunderstanding that often swirls around the principles embodied in these freedoms. From the birth of the First Amendment in 1789 to today, most Americans exercise these rights every day.

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Book SynopsisThis volume analyzes the sections of the Constitution itself, and its amendments, as well as other documents that have played a significant role in its creation and adherence.The Constitution of the United States was ratified in 1788 and came into force the following year. As the supreme law of the country, it delineates the nation's frame of government and was originally comprised of seven articles. The first three articles put forth the separation of powers (three branches of government), the next three embody the concepts of federalism (rights and responsibilities of the states in relationship to the federal government), and the last article established the procedure used by the then 13 states to ratify it. It has been amended 27 times to meet the needs of a nation that has undergone profound change. The first ten amendments are known as the Bill of Rights and deal with individual liberty. The majority of the remaining 17 amendments expand individual civil rights, with some relating to federal authority. The Constitution has remained in force for over two centuries due to the way the framers separated and balanced governmental powers. It is interpreted, supplemented, and implemented by a large body of federal constitutional law, and has influenced the constitutions of other nations.

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Book SynopsisA sitting judge makes the compelling argument that we should simplify lawsuits to create a more humane and accessible legal system. Americans are losing faith in their courts. After long delays, judges often get rid of cases for technical reasons, or force litigants to settle rather than issue a decision. When they do decide cases, we can't understand why. The Common Flaw seeks to rid the American lawsuit of this needless complexity. The book proposes fifty changes from the filing of a complaint in court to the drafting of appellate decisions to replace the legal system’s formalism with a kind of humanism. Thomas G. Moukawsher calls for courts that decide cases promptly based more on the facts than the law, that prioritize the parties involved over lawyers, that consider the consequences for the people and the public, and that use words we can all understand. Sure to spark an important conversation about court reform, The Common Flaw makes the case for a more effective and credible legal system with warmth and humor, incorporating cartoons alongside insightful reflection.Trade Review“While you may not agree with every one of the fifty ways Moukawsher proposes to reduce needless complexity, you should come away from his book invigorated by a judge who is not beholden to the ‘way we have always done it.’” * Los Angeles Review of Books *“Over the course of 51 chapters spanning 240 pages, punctuated by 51 pithy cartoons, Moukawsher soundly nails his 50 theses to the law’s front door calling for reform.” * Vermont Bar Journal *“The book is clearly written and argued, and each chapter includes a legal cartoon, which legal reformers will likely enjoy. There are also plenty of practical tips.” * Library Journal *Table of ContentsPrefaceAcknowledgments1. Prefer humanity to needless complexity2. Rethink ninety percent of the typical complaint. Make it about key facts, not law3. What if a single motion addressed basic pleading and proof deficiencies?4. It’s better to decide cases once. Use agency remands sparingly5. Reconsider standing challenges. They invite more lawsuits6.Reduce fighting over subject matter jurisdiction. The unheard will not remain unseen 7. Order discovery when a case begins. Police it without written motions8. Creatively manage complex cases. No case should be too big to try9. Mediate, but don’t delay the case for it10. Streamline trials: They’ll be more final, more credible11. Directly involve judges in jury selection 12. Increase juror numbers and diversity with remote jury trials13. Question the Number of motions in limine14. Most exhibits prove undisputed facts. Do we need them?15. Actively oppose cumulative and time-wasting testimony16. Is too much expert testimony discrediting experts?17. Consider common sense first in family court18. Introduce time clocks to encourage efficient trials19. Needless objections annoy judges and jurors20. Make a point, not a muddle, with prior testimony21. Punish misconduct when it happens rather than in a separate proceeding22. Cross examine crisply, crushingly, or not at all23. Humanize overstuffed, bewildering jury charges and interrogatories24. Save time in court trials by substituting longer closing arguments for post-trial briefing25. Keep cases in the hands of a single judge from start to finish26. Speed cases to trial with judicial administration instead of slowing them down27. Accelerate and simplify justice with technology28. Should virtual proceedings be the rule?29. As a judge, prefer the model of a village elder30. Cases are better resolved on their facts than on the law31. Deploy canons of construction sparingly—only when they have a compelling reason to exist32. Rarely resort to legislative history. It’s often unreliable33. Reduce distractions by identifying fallacies34. Don’t blur laws to conquer facts35. Are endless consumer disclosures doing us any good or are they just low hanging fruit?36. Reduce judicial testiness: Use multi-point tests only when each point has meaning37. Similar sounding cases aren’t precedent38. The best legal writing is literature, not formula39. Not much is gained by plodding through the history of the case and universally familiar standards40. Junk the jargon41. Needless detail is…42. The best appellate decisions deeply and plainly explain the law43. Is there a home for law clerks somewhere between busy worker and junior judge?44. Appellate courts should reform rusty rules45. The best trial court decisions get straight to saying who wins and why46. Why obscure our basically honest courts in a needless cloud of complexity?47. Can lawyers thrive under the same old business models?48. Can courts reimagine themselves?49. Can rethinking law clerking remake the future?50. Recognize needful complexity and meaningful formality51. Can steady courts mean a steadier country?Illustration Credits

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Book SynopsisThis is the remarkable war story of six ordinary Australian soldiers: the Chipilly Six. On 9 August 1918, on high ground overlooking the Somme River, an entire British Army Corps is held up by German machine gunners. The battle has raged for 30 hours and more than 2000 Englishmen have fallen, for no gain. Meanwhile, two Australian sergeants, Jack Hayes and Harold Andrews, go absent without leave and cross the Somme ahead of the British lines. Gathering weapons and four of their best mates, Hayes and Andrews return to take on the Germans. The extraordinary feats of the Chipilly Six have been overlooked and the personal stories of these diggers never before celebrated. Yet this story doesn't end when the war does. Historian Lucas Jordan weaves a compelling tale of the lives of these soldiers, chronicling their return home and years after service, through a pandemic, the Great Depression, another world war and the very first Anzac Day dawn service.

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book SynopsisInvestigates historic strands of conservative thought and responds to the radical changes which many think have transformed the Conservative party into a populist movement upholding English nationalism. All Souls College Oxford was one of the meeting points of English public intellectuals in the twentieth century. Its Fellows prided themselves on agreeing in everything except their opinions. They included Cabinet Ministers from all the three major parties, and academics of diverse political allegiances, who met for frank conversations and lively disagreements. Davenport-Hines investigates historic strands of conservative thought: aversion to rapid and disruptive change, mistrust of majority opinions, prizing of community loyalties and pride over the assertion of aggressive individualism, the recession of the Church of England, and the impact of militarism. Conservative Thinkers from All Souls College Oxford draws on the ideas of two conservative thinkers, 'Trimmer' Halifax and Michael Oakeshott, to examine the conservative assumptions, ideas, writings and influence of seven Fellows of All Souls from the last century. Their brands of conservatism regarded popular democracy as an unavoidable necessity which must be managed rather than loved. Their scepticism about the rule of the people was rooted in a meritocratic commitment to the government of the wise. They disliked plutocracy, regretted consumerism, and loathed sloppy and self-serving thought. All were more or less dissatisfied with the workings of the Westminster parliamentary model.Table of Contents1 Opening Fire 2 The Counter-Revolutionaries of Llewellyn Woodward 3 The Old Harmonies of Keith Feiling 4 The Trimming of Herbert Hensley Henson 5 The Total Wars of Cyril Falls 6 The County Spirit of Edward Halifax 7 The Losing Battles of Quintin Hailsham 8 The Resistance of Cyril Radcliffe 9 Closing Shots Select Bibliography Index

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Book SynopsisConstitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.Trade Review‘The spate of constitution making around the world in recent decades has encouraged a wealth of academic writing. This useful book brings together some of the most well-known pieces, in addition to a selection from earlier times. The collection covers many of the issues that arise in the course of making a new constitution and canvasses experiences with constitution making in states in different regions of the world including the Americas, Europe, Africa, the Middle East and South Asia.’ -- Cheryl Saunders, Melbourne Law School, AustraliaTable of ContentsContents: Introduction Sujit Choudhry and Tom Ginsburg PART I THEORY A Interest, Reason and Passion 1. Jon Elster (1995), ‘Forces and Mechanisms in the Constitution-Making Process’, Duke Law Journal, 45, 364–96 2. Nathan J. Brown (2008), ‘Reason, Interest, Rationality, and Passion in Constitution Drafting’, Perspectives on Politics, 6 (4), December, 675–89 B Modalities of Drafting: Legislatures, Conventions, Constituent Assemblies and Roundtables 3. Jon Elster (2006), ‘Legislatures as Constituent Assemblies’, in Richard W. Bauman and Tsvi Kahana (eds), The Least Examined Branch: The Role of Legislatures in the Constitutional State, Part 3, Chapter 9, Cambridge, UK: Cambridge University Press, 181–97 4. Andrew Arato (2012), ‘Conventions, Constituent Assemblies, and Round Tables: Models, Principles and Elements of Democratic Constitution Making’, Global Constitutionalism, 1 (1), 173–200 5. Donald L. Horowitz (2002), ‘Constitutional Design: Proposals Versus Processes’, in Andrew Reynolds (ed.), The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy, Chapter 1, Oxford, UK: Oxford University Press, 15–36, references C Drafting and Constitutional Transitions? 6. Sujit Choudhry (2010), ‘After the Rights Revolution: Bills of Rights in the Postconflict State’, Annual Review of Law and Social Science, 6, 301–22 7. Yash Ghai and Guido Galli (2006), ‘Constitution-building Processes and Democratization: Lessons Learned’, in Democracy, Conflict and Human Security: Further Readings, Section 6, Stockholm, Sweden: International Institute for Democracy and Electoral Assistance, 232–49 8. Zachary Elkins, Tom Ginsburg and James Melton (2008), ‘Baghdad, Tokyo, Kabul . . . : Constitution Making in Occupied States’, William and Mary Law Review, 49, 1139–78 9. Gabriel L. Negretto (2012), ‘Replacing and Amending Constitutions: The Logic of Constitutional Change in Latin America’, Law and Society Review, 46 (4), December, 749–79 10. Hanna Lerner (2010), ‘Constitution-writing in Deeply Divided Societies: The Incrementalist Approach’, Nations and Nationalism, 16 (1), January, 68–88 D Participation and Expertise 11. Vivien Hart (2003), ‘Democratic Constitution Making’, United States Institute of Peace, Special Report 107, July, 1–12 12. Tom Ginsburg, Zachary Elkins and Justin Blount (2009), ‘Does the Process of Constitution-Making Matter?’, Annual Review of Law and Social Science, 5, 201–23 13. Yash Ghai (2005), ‘A Journey around Constitutions: Reflections on Contemporary Constitutions’, South African Law Journal, 122 (4), 804–31 PART II CASE STUDIES A Regional Accounts 14. David Landau (2013), ‘Constitution-Making Gone Wrong’, Alabama Law Review, 64 (5), 923–80 15. Jon Elster (1993), ‘Constitution-Making in Eastern Europe: Rebuilding the Boat in the Open Sea’, Public Administration, 71 (1/2), March, 169–217 B Country Experiences 16. Jack N. Rakove (1996), ‘The Politics of Constitution-Making’, in Original Meanings: Politics and Ideas in the Making of the Constitution, Chapter 4,New York, NY, USA: Alfred A. Knopf, Inc., 57–93, notes 17. Keith S. Rosenn (2010), ‘Conflict Resolution and Constitutionalism: The Making of the Brazilian Constitution of 1988’, in Laurel E. Miller and Louis Aucoin (eds), Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 16,Washington, DC, USA: United States Institute of Peace Press, 435–66 18. Nathan J. Brown (2013), ‘Tracking the “Arab Spring”: Egypt’s Failed Transition’, Journal of Democracy, 24 (4), October, 45–58 19. Carl J. Friedrich (1949), ‘Rebuilding the German Constitution, I’, American Political Science Review, XLIII (3), June, 461–82 20. Carl J. Friedrich (1949), ‘Rebuilding the German Constitution, II’, American Political Science Review, XLIII (4), August, 704–20 21. Granville Austin (1966), ‘The Constituent Assembly—Microcosm in Action’ and ‘Conclusion—Comments on a Successful Constitution’, in The Indian Constitution: Cornerstone of a Nation, Chapter 1 and Chapter 13, Oxford, UK: Clarendon Press, 1–25, 308–30, appendices, bibliography 22. Zaid Al-Ali (2014), ‘Creating a New Political Order’, in The Struggle for Iraq’s Future: How Corruption, Incompetence and Sectarianism have Undermined Democracy’, Chapter 3, New Haven, CT, London, UK: Yale University Press, 75–102, endnotes 23. Beate Sirota Gordon (1997), ‘The Equal Rights Clause’, in The Only Woman in the Room: A Memoir, Chapter 5, Tokyo, Japan, New York, NY, USA and London, UK: Kodansha International, 103–25 24. Christina Murray (2013), ‘Kenya’s 2010 Constitution’, Neue Folge Band Jahrbuch des öffentlichen Rechts, 61, 747–88 25. Hassen Ebrahim and Laurel E. Miller (2010), ‘Creating the Birth Certificate of a New South Africa: Constitution Making after Apartheid’, in Laurel E. Miller and Louis Aucoin (eds), Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 5, Washington, DC, USA: United States Institute of Peace Press, 111–57 26. Andrea Bonime-Blanc (2010), ‘Constitution Making and Democratization: The Spanish Paradigm’, in Laurel E. Miller and Louis Aucoin (eds),Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 15, Washington, DC, USA: United States Institute of Peace Press, 417–32 27. Devra C. Moehler (2006), ‘Participation and Support for the Constitution in Uganda’, Journal of Modern African Studies, 44 (2), June, 275–308 Index

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Book SynopsisEver since World War II, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds.The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.Trade Review'Gyorfi's book has the rare virtue of combining a refreshing theoretical intervention to the old - but ongoing - debate about the legitimacy of judicial review of legislation with a critical examination of different institutional attempts to balance democracy and human rights. It is a must read for both constitutional theorists and comparative constitutional lawyers.' --Joel Colon-Rios, Victoria University of Wellington, New Zealand'The customary quality that one has come to expect of the products of Edward Elgar Publishers is evident in the handsome presentation of this work. . . This book is indeed a thought-provoking challenge of conventional thinking on judicial constitutional review.' --Potchefstroom Electronic Law JournalTable of ContentsContents: 1. The New Constitutionalism 2. Political Principles 3. From Principles to Institutions 4. Constitutional Interpretation 5. A Theory of Weak Judicial Review 6. Conclusion Index

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Book SynopsisThis excellent collection updates and adds to a growing literature on small states. The cases and conditions which the authors examine are well chosen and provide fresh thinking on enduring questions.'- Peter J. Katzenstein, Walter S. Carpenter, Jr. Professor of International Studies, Cornell University, USSmall States in the Modern World comprehensively assesses the different modes of adaptation by small states in response to the security and economic vulnerabilities posed by global change. It uses a diverse collection of case studies to explore the complexities of change and to place them in their temporal and geographical context. Issues covered include:- international security and economic vulnerability- small states in international organizations, including the European Union- Quebec and Scotland as autonomous nations but not independent states- different modes of adaptation including market liberalism, social concertation and the management of natural resources.These contributions from renowned authors show that small states need external shelter and internal buffers in order to cope with vulnerability. Although many of the responses are path-dependent, driven by historical legacies, there is scope to choose.This compelling discussion of adaptations of small states will prove invaluable to scholars in political science, international relations and regional studies, as well as policy-makers and in particular those working in small states and would-be states.Contributors: A.J.K. Bailes, H. Baldersheim, J. Batóra, N. Brandal, Ø. Bratberg, L. Cianetti, M. Harvey, M. Keating, J. McNeill, D. Panke, S. Paquin, A. Sikk, A. Steen, B. ThorhallssonTrade Review‘This excellent collection updates and adds to a growing literature on small states. The cases and conditions which the authors examine are well chosen and provide fresh thinking on enduring questions.’ -- Peter J. Katzenstein, Walter S. Carpenter, Jr. Professor of International Studies, Cornell University, USTable of ContentsContents: Outline of the Issues Michael Keating PART I INTRODUCTION 1. The Political Economy of Small States in Europe Michael Keating PART II THE MODERN WORLD - A LESS DANGEROUS PLACE FOR SMALL STATES? 2. Small States and Security: Does Size Still Matter? Alyson J.K. Bailes 3. Do Small States Need Shelter? The Economic and Political Turmoil in Iceland Baldur Thorhallsson PART III THE SMALL STATE IN MULTI-LEVEL GOVERNANCE – NEW OPPORTUNITIES? 4. Small States in EU Decision-making. How Can They be Effective? Diana Panke 5. Small if Needed, Big if Necessary: Small Member States and the EU’s Diplomatic System in Kiev Jozef Batóra 6. Political Mechanics of Smallness: the Baltic States as Small States in the European Parliament Allan Sikk and Licia Cianetti PART IV THE MODERN SMALL STATE – THE SOCIAL INVESTMENT STATE? ON ‘GETTING TO DENMARK’ 7. Small-state Scandinavia: Social Investment or Social Democracy? Nik Brandal and Øivind Bratberg 8. Small Nation Versus Small States: The Case of Québec Stéphane Paquin 9. Scotland as a Potential Small State Malcolm Harvey PART V THE ADAPTABILITY OF SMALL STATES – SHOCK THERAPY OR CONCERTED ELITES? 10. The State that Reinvented itself: New Zealand’s Transition to the Market Competition State Jeffery McNeill 11. Small States and National Elites in a Neoliberal Era Anton Steen 12. Small State, Huge Assets. The Problem of Fiscal Discipline in an Oil-rich Country. The Case of Norway Harald Baldersheim 13. Conclusions Harald Baldersheim Index

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Book SynopsisThe global financial crisis had a dramatic short-term effect on federal relations and, as the twelve case studies in this illuminating book show, set in place a new set of socio-political factors that are shaping the longer-run process of institutional change in federal systems. The Future of Federalism illustrates how an understanding of these complex dynamics is crucial to the development of policies needed for effective and sustainable federal governance in the 21st century. The book finds that growing fiscal pressures are interacting with domestic political variables to produce country specific federal dynamics. Arguably the first detailed study of the medium term impact of the financial crisis and its aftermath on federal governance, this volume highlights how growing budget pressures are contributing to increased centralisation in many federations, while in others national governments are devolving power to appease regional grievances and preserve the federal union. Contributions from leading federalism and public finance scholars test recent theoretical explanations of change in federal systems against the experiences of a diverse cross-section of federal jurisdictions. The case studies include both established federations and 'federalizing' jurisdictions, such as the UK and China, and highlights the complex dynamics which shape the evolution of federal governance Comprehensive and interdisciplinary, this timely book will appeal to students and scholars - from political science, economics and law - studying federalism, governance studies and comparative political economy. It is essential reading for public officials and policy makers interested in intergovernmental relations, public finance and budgeting and tax policy.Contributors include: J.R. Afonso, D.M. Brown, C. Colino, T.J. Conlan, L. de Mello, E. del Pino, R. Eccleston, R. Hortle, R. Jha, R. Krever, S. Lee, R. Mabugu, E. Massetti, P. Mellor, J. Schnellenbach, N. Soguel, C. WongTrade Review'Eccleston and Krever have produced a masterful edited volume on the impact of the world-wide financial crisis on twelve federations or near-federations. The book theoretically informs scholars of democracy, institutions, and, of course, federalism on how fiscal pressures contributed to shaping governance in tough times. The cases are informative and focused. It is a major contribution to our understanding of federalism under duress and could not be more timely.' --Carol S. Weissert, Florida State University, US'This book discusses how twelve decentralized countries - some federal, some not - coped with the recent economic crisis. These structured comparative case studies show that the different combinations of rigid and flexible ''federal'' features found in each country shaped its reaction to changing economic circumstances, both reinforcing the importance of understanding institutional dynamics in analyzing decentralized systems and showing that ''federalism'' (broadly defined) need not be an obstacle to change but may sometimes be the best way a diverse country can accommodate change.' --Richard M. Bird, University of Toronto, CanadaTable of ContentsContents: Introduction: The Evolution of Intergovernmental Financial Relations in the 21st Century Richard Eccleston, Rob Hortle and Richard Krever PART I 1. Fiscal Federalism in the 21st Century Richard Eccleston, Richard Krever and Helen Smith PART II 2. Beyond the Financial Crisis: The Future of Fiscal Federalism in the United States Paul L. Posner and Timothy J. Conlan 3. The Financial Crisis and the Future of Federalism in Canada Douglas M. Brown 4. The Future of the Australian Federation: Intergovernmental Financial Relations Amid Growing Fiscal Pressures Richard Eccleston and Richard Krever 5. The Gathering Storm: Federalization and Constitutional Change in the United Kingdom Simon Lee PART III 6. German Federalism at the Crossroads: Renegotiating the Allocation of Competencies in a New Financial Environment Jan Schnellenbach 7. The Future of Swiss Federalism: The Challenge of Fiscal Stabilization Policy in the Absence of Coordination Nils Soguel 8. The Financial and Political Crisis of Spanish Federalism: Transformation or Erosion? César Colino and Eloísa Del Pino 9. Italian Federalism in the Balance – Suspended Between European Integration and Domestic Devolution Emanuele Massetti PART IV 10. The Financial Crisis and the Challenge of Fiscal Federalism in China: The 2008 Stimulus and the Limits of China’s Intergovernmental System Christine Wong 11. Indian Federalism Beyond the Financial Crisis Raghbendra Jha 12. The Global Crisis and Brazilian Federalism: Effects and Perspectives José Roberto Afonso and Luiz De Mello 13. The Impact of the Financial Crisis on Intergovernmental Financial Relationsin South Africa Ramos Mabugu PART V 14. Intergovernmental Financial Relations in an Age of Austerity: Implications for the Future of Federalism Richard Eccleston, Richard Krever and Peter Mellor Index

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Book SynopsisApproaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the 'Arab Spring'.Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a 'theory of revolutions' that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari'a in post-Arab Spring constitutions.The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.Trade Review'This interesting work offers an informed and timely analysis of the revolutions and constitutional movements in North Africa and the Middle East from 2010. Four sets of very different experiences receive treatment in depth: in Morocco, Libya, Tunisia and Egypt. The book's explicit aim of placing Western and Arabic traditions in 'constructive dialogue' is particularly welcome.' --Cheryl Saunders, Melbourne Law School, AustraliaTable of ContentsContents: Introduction 1. Revolutions in the Middle East and Northern Africa 2. Islamic Constitutionalism and the Arab Spring 3. Unsuccessful Revolutions within the Arab Spring Wave: The Cases of Morocco and Libya 4. The Case of Tunisia 5. The Case of Egypt Bibliography Index

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Book SynopsisIn this insightful book, Massimo Fichera provides an original account of European integration as a process -? completed by the creation of the Area of Freedom, Security and Justice. The study builds upon a demonstration of how European constitutionalism has been informed by a meta-rationale, which is expressed by security and fundamental rights as discourses of power.The book uses this conceptual framework to analyse the development of the EU as a polity. Chapters cover significant recent crises, including the Eurozone, refugees, the rule of law, Brexit, and constitutional identity. These events are not only recognized as being political shocks, but more meaningful and long lasting occurrences which have had, and will continue to have, a deep impact on the development of the EU as a legal and political system. In light of this, the variety of crises that have recently affected the EU are discussed with thought given to their impact as an interlinking whole.Adeptly combining both theoretical and doctrinal analysis, this book will appeal to students and scholars of both EU law and politics as well as those interested in legal and political theory more widely. Government officials, policy makers and practitioners will also find this a stimulating read.Trade Review'Today we are swamped with analyses of and solutions to the current crises of the EU that pay insufficient attention to the historical roots of our present problems. Fichera is an exception. He is particularly alive to the deep preoccupation of the European project with matters of security and rights, and has produced an account that is as complex and subtle as it is accessible and compelling.' --Neil Walker, The University of Edinburgh, UK'Boldly asserting that constituting itself as an Area of Freedom, Security and Justice is the very core of the EU as a political and legal project, Fichera shows, in this incisive and illuminating book, that security is both the presupposition of, and a threat to, the project of European integration.' --Hans Lindahl, Tilburg University, the NetherlandsTable of ContentsContents: Preface Acknowledgements 1. EU constitutionalism, crisis and the security of the European project 2. Discursive constituent power and European integration 3. The resilience of the principle of proportionality 4. The foundations of the EU as a polity 5. Reflexive security Bibliography Index

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Book SynopsisFocusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.Trade Review'In this stimulating book Mark Findlay provocatively explores the relevance of the regulatory role of law in a rapidly changing world. It situates law in its broader context of relationships defined by power, property and market economies. In so doing, it identifies the new challenges of late post modern society, but also challenges existing assumptions, about these themes and their interconnections, whilst introducing new perspectives to those who may not even have considered some of the transformational issues discussed.' --David S. Wall, University of Leeds, UK'`Worldwide, legal regulation of ''property'' in all its many manifestations is the foundational support for the economy. To a greater or lesser extent, it is under both literal and theoretical attack everywhere too. Its role in the digital world is viewed as increasingly irrelevant by younger generations; national systems of regulation struggle Canute-like to control global ebbs and flows of information. This book challenges its reader to think, to imagine a world without the security of hitherto accepted notions of property. The author admits that he is tackling ''heavy analytical questions''. Whether you agree or disagree with his arguments and answers, it is essential to start thinking about them now. Or, as Paul Mason might put it: ''The property paradigm is metastasizing. Societies and communities are under threat from an unstable cocktail of over- and under-regulation.'' Findlay tackles head-on the hard questions about where we go from here.' --David Llewelyn, Kings College London, UKTable of ContentsContents: Preface 1. Law and the New Normal: Reimagining Property 2. Criminalising Property 3. Liberating Property 4. Property Bonded 5. Property Resisted 6. Re-embedding Original Property through Repositioned Law 7. Property as the Social Bibliography Index

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Book SynopsisWhile their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated. Constitutional Preambles illuminates the great variety that constitutional preambles display. The authors discuss the different styles, legal and non-legal functions, and content of the preambles, as well as analysing their use in the courts. This work also contains a carefully curated anthology of the world's preambles in English.Trade Review'What emerges from this crisp and comprehensive account is an appreciation of how the constitutional preamble, perhaps more than any other legal form, declares the existence of the people who commit to abide by a set of collective, public principles. By excavating and elucidating these anchoring constitutional commitments, the book is as much a resource for constitutional theory as for comparative constitutional law.' --Kevin M. Stack, Vanderbilt University Law School'Preambles are sometimes called the ''mission statements'' of the Constitution, but are rarely examined in comparative perspective. In this comprehensive study, Voermans, Stremler and Cliteur integrate quantitative and qualitative analysis to explore the world of constitutional preambles across time and space. The result is a fascinating and entertaining survey that will enlighten students of comparative constitutionalism as well as political idiom and discourse. Highly recommended.' --Tom Ginsburg, University of Chicago Law School'[The authors] have written the definitive guide to preambles. This book answers so many of the questions we might have about preambles - why and how they are written and by whom, when and where they emerged, and what they contain - and it moreover suggests new ones that will enliven the study of constitutional preambles for many years to come.' --Richard Albert, Boston College Law SchoolTable of ContentsContents: 1. Introduction 2. Preambles: a Stocktaking 3. The Content of Preambles 4. The Language of Preambles 5. The Functions of Preambles 6. Two Prototypes: the US and France 7. Preambles from Other States 8. By Way of Conclusion: the Mystery and End of Preambles Index

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Book SynopsisConceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era.Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.Trade Review‘A fascinating meditation about the implications of the new technologically and digitally connected world we now all live in for such fundamental conceptions as the identity of “a singular ‘people’”in whose name sovereignty is claimed. At a more concrete level, should we welcome the genuine possibility that people connected to the modern internet could become the source of new constitutions and the legitimacy attached to them? Along the way, the author provides important discussions of the traditional animosity, in most political theory, to the demos, often described in terms of being a “mob,” or a “crowd,” resistant to the necessary leadership of wise elites. The tendencies identified by Professor Abat i Ninet are bound to be ever more important in the future, perhaps in ways we can scarcely envision at present.’ -- Sanford V. Levinson, The University of Texas at Austin, US‘Dare to get lost in this unmissable, erudite dive into the crowds present, past, and future – and their essential constitutional significance!’ -- Dimitry Kochenov, Central European University‘Through a theoretically and comparatively rich analysis, Antoni Abat i Ninet brings to the surface the radical democratic potential of constitutional crowdsourcing. This is a must read for both comparative constitutional lawyers and political theorists, as well as for anyone interested in constitution-making, constituent power, and popular participation in politics.’ -- Joel Colón-Rios, Victoria University of Wellington, New Zealand‘The rise of the Internet is revolutionizing the foundations of democratic politics with bewildering speed. Ninet rightly emphasizes the profound ways in which new technologies challenge traditional understandings of political identity – and calls on his readers to confront the unprecedented challenges required to reconstruct constitutional legitimacy in the brave new world of the twenty-first century.’ -- Bruce Ackerman, Yale University, USTable of ContentsContents: 1. Introduction to Constitutional Crowdsourcing 2. The crowd in democratic constitutionalism 3. The network society and democratic constitutionalism 4. Crowdsourcing and constitution-making 5. Crowdsourcing in constitutional interpretation and control Bibliography Index

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Book SynopsisIn the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context, and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm.Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examine detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system.This informative Handbook will be key reading for post-graduate students of international relations, global politics, and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading.Contributors include: J. Allison, T. Almeida Cravo, D. Banik, A. Bedner, P. Costa, C. Cutler, D.l. Desai, C. Feinäugle, J. Flood, T. Ginsburg, J. Gutmann, S. Hinderling, D. Howath, T. Kellogg, T. Krever, M. Krygier, A. Loretoni, F. Macaulay, A. Magen, C. May, J. Møller, P. Nicholson, L. Pech, M.M. Prado, M. Rishmawi, C. Schwöbel-Patel, L.B. Tiede, V. Vadi, S. Voigt, C. Walker, A. Wiener, A. Winchester, P. ZumbansenTrade Review'This is the most interesting collection I have read on the rule of law in a while. It covers the usual rule of law themes, but goes beyond that to include a broad and diverse range of additional topics and perspectives. The essays are sophisticated and engaging, written by knowledgeable authors, taking up historical as well as contemporary issues. This is well worth reading.' --Brian Tamanaha, Washington University, School of Law, US'This excellent compilation provides a comprehensive inquiry into the rule of law in the contemporary times. May and Winchester have produced the reference for anyone interested in understanding the complex workings and multi-dimensional impacts of this ubiquitous term.' --Susanne Soederberg, Queen's University, CanadaTable of ContentsContents: Introduction Christopher May and Adam Winchester Part I: Defining the Rule of Law 1. The advantages of a thin view Jørgen Møller 2. The Promise of a Thick View Adriaan Bedner 3. Difficulties with Measuring the Rule of Law Tom Ginsburg 4. The Rule of Law, Legal Pluralism, and Challenges to a Western-centric View: Some Very Preliminary Observations Peer Zumbansen 5. Arbitrary Power and the Ideal of the Rule of Law Martin Krygier (with Adam Winchester) 6. The Centrality of Predictability to the Rule of Law Christopher May 7. The Rule of Law in Inter-national Relations: Contestation despite Diffusion - Diffusion through Contestation Antje Wiener Part II. The History of the Rule of Law 8. The Rule of Law: An Outline of its Historical Foundations Pietro Costa 9. Minimising Magna Carta and Modernising Exposition of the Rule of Law in the English Historical Constitution J.W.F. Allison 10. Turning the Rule of Law into an English Constitutional Idea J.W.F. Allison 11. The Rule of Law and the Rise of Capitalism Tor Krever Part III: Institutions of the Rule of Law 12. The Rule of Law and its Application to the United Nations Clemens Feinäugle 13. Power Rules: The World Bank, Rule of Law Reform, and the World Development Report 2017 Deval Desai 14. The Rule of Law and the European Union Amichai Magen and Laurent Pech 15. Non-governmental Organisations and the Rule of Law: The Experience of Latin America Fiona Macaulay 16. Lawyers and the Rule of Law David Howath 17. The Rule of Law and Legal Education: Do They Still Connect? John Flood Part IV: Contextualising The Rule of Law 18. The Rule of Law, New Constitutionalism, and Transnational Legality A. Claire Cutler 19. Global Administrative Law Valentina Vadi 20. The Rule of Law and Feminism. The Dilemma of Differences Anna Loretoni 21. The Rule of Law and Islam Jerg Gutmann and Stefan Voigt 22. The Rule of Law and Human Rights Mona Rishmawi Part V: Applying the Rule of Law 23. The Rule of Law From a Law and Economics Perspective Mariana Mota Prado 24. The Rule of Law, Institutions, and Economic Development Lydia Brashear Tiede 25. The Legal Empowerment of the Poor Dan Banik 26. The Rule of Law as a Marketing Tool: The International Criminal Court and the Branding of Global Justice Christine Schwöbel-Patel 27. The Rule of Law and Terrorism Clive Walker 28. Post-conflict Peacebuilding and the Rule of Law Teresa Almeida Cravo 29. Rule of Law in Asia: The Case of China Thomas E. Kellogg 30. Court Development in Timor-Leste: ‘Handover’ and its Long Shadow Pip Nicholson and Samantha Hinderling Index

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Book SynopsisThis Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field.The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community.The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Möllers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. WoutersTrade Review'This Handbook is an essential introduction to a key component of legal globalization analysis. Global Administrative Law theory is a crucial complement to all existing international law approaches, flowing from the realization that the world is nowadays increasingly governed by bodies - and networks of bodies - that have an administrative rather than political role. The panel of contributors includes most of the issue's best experts, and they provide us with an indispensable intellectual background to enter into an analysis of what it is made of and how to subject it to the rule of law.' --Jean-Bernard Auby, The Paris Institute of Political Studies, FranceTable of ContentsContents: Introduction: The Development of Global Administrative Law Sabino Cassese with Elisa D’Alterio PART I GLOBAL ADMINISTRATIONS 1. The Expansion of the Material Scope of Global Law Lorenzo Casini 2. The Proliferation of Global Regulatory Regimes Stefano Battini 3. Managing International Civil Servants Santiago Villalpando 4. International Public Procurement Elisabetta Morlino 5. Constitutional Foundations of Global Administration Christoph Möllers PART II GLOBAL NETWORKING 1. Linkages Between Global Regimes and Interactions with Civil Society Mario Savino 2. Global Networks and Shared Administration Paul Craig PART III THE GLOBAL ADMINISTRATIVE PROCESS 1. Global Standards for National Societies Richard B Stewart 2. Government by Negotiation Jan Wouters 3. Transnational Private Regulation: Regulating Private Regulators Fabrizio Cafaggi 4. The Enforcement of Global Decisions Barbara Marchetti PART IV RULE OF LAW AND DEMOCRACY IN THE GLOBAL SPACE 1. The Rule of Law and Transparency in the Global Space Marco Macchia 2. Judicial Globalization: The Proliferation of International Courts Mikael Rask Madsen 3. Judicial Regulation in the Global Space Elisa D’Alterio 4. Theories of Civil Society and Global Administrative Law: The Case of the World Bank and International Development Francesca Bignami 5. Global Indicators Marta Infantino PART V REGIONAL AND GLOBAL GOVERNANCE 1. Europe and Global Law Giulio Vesperini 2. Global Administrative Law and the Global South René Fernando Urueña Hernandez 3. The Global Administrative Law of Development Cooperation Philipp Dann PART VI GLOBALIZATION AND SOVEREIGNTY 1. Bringing Global Law Home Edoardo Chiti 2. Globalization and Sovereignty: Global Threats and International Security Emma Dunlop 3. The Future of Sovereignty: The Nation State in the Global Governance Space Eyal Benvenisti 4. Governing the World Sabino Cassese PART VII THE GLOBAL LEGAL CULTURE 1. The Globalization Debate – A Mid-decade Perspective Robert Howse 2. The Disputed Field of Global Lawyering Antoine Vauchez 3. The Global Administrative Law Scholarship Lorenzo Casini Index

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Book SynopsisThis innovative Handbook offers a new perspective on the cutting-edge conceptual advances that have shaped - and continue to shape - the field of intervention and statebuilding.Bringing together leading global scholars, the Handbook on Intervention and Statebuilding offers a cross-cutting perspective on a wide array of themes. Chapters cover democracy promotion, transitional justice and humanitarianism, as well as the involvement of drones and cyber technology in conflicts. Employing state-of-the-art perspectives on the most crucial themes, this Handbook explores issues at the heart of contemporary statebuilding.This Handbook will be critical reading for researchers at all levels in the broad field of international relations and peace and conflict studies. Upper-level students of political science will also benefit from the breadth of topics covered.Trade Review‘Starting from the premise that international statebuilding efforts over the past three decades have relied on flawed theoretical assumptions and failed to achieve many of their objectives, this Handbook is a cornucopia of critical analyses and perspectives. With an emphasis on peace and conflict, it encompasses a wide array of international interventions where statebuilding is a component, like peacebuilding, military intervention, counterinsurgency, security sector reform, civilian protection, transitional justice, development and humanitarian action.’Table of ContentsContents: 1 Introduction to the Handbook on Intervention and Statebuilding: moving beyond the current orthodoxy 1 Nicolas Lemay-Hébert 2 Intervention and statebuilding beyond the human 10 David Chandler 3 Knowledge, expertise and the politics of intervention and statebuilding 19 Berit Bliesemann de Guevara and Roland Kostić 4 Post-conflict reconstruction, the local, and the Indigenous 30 Elisa Randazzo 5 Data in the context of intervention and statebuilding 41 Isabel Rocha de Siqueira 6 The ambiguity of statebuilding 50 Florian P. Kühn 7 International statebuilding interventions and the politics of scale 61 Shahar Hameiri and Fabio Scarpello 8 Intervening in a diverse world: revisiting the ‘problem’ of difference in international statebuilding 71 Pol Bargués-Pedreny and Xavier Mathieu 9 Decolonial ‘interventions’? Potentials and challenges of decolonial perspectives 82 Philipp Lottholz 10 Democracy promotion and statebuilding 93 Sonja Grimm 11 Post-conflict statebuilding as contentious politics 104 Outi Donovan 12 State formation in the context of hybrid political orders 113 Volker Boege 13 The everyday politics of international intervention 124 Janosch Neil Kullenberg 14 Non-state actors, service delivery and statebuilding 137 Claire Mcloughlin 15 Clear, hold, build … a ‘local’ state: counterinsurgency and territorial orders in Somalia 151 Louise Wiuff Moe 16 International political sociology of interventions 161 Médéric Martin-Mazé 17 From international justice and statebuilding to international justice as statebuilding 175 Sara Dezalay 18 Mapping the nexus of transitional justice and peacebuilding 184 Catherine Baker and Jelena Obradovic-Wochnik 19 Civilian protection in the context of interventions 198 Cecilia Jacob 20 The spatial dimensions of statebuilding 210 Annika Björkdahl and Stefanie Kappler 21 The temporal dimension in the study of interventions 220 Róisín Read and Roger Mac Ginty 22 Statebuilding and narrative 231 Josefin Graef and Raquel da Silva 23 Myths and the international politics of intervention and statebuilding 240 Berit Bliesemann de Guevara and Catherine Goetze 24 Cyber security: states, development and intervention 249 Kristan Stoddart 25 The plain drone, the armed drone and human security 260 Astri Suhrke 26 New forms of intervention: the case of humanitarian refugee biometrics 270 Katja Lindskov Jacobsen 27 Transnational environmental crime: from securitization to intervention and statebuilding 282 Lorraine Elliott 28 The aid bunker: security risk management in conflict zones 294 Florian Weigand 29 From gendered war to gendered peace? Feminist perspectives on international intervention in sites of conflict 303 Maria O’Reilly 30 Romanticising the locals and the externals? Identifying challenges to a gendered SSR 314 Nina Wilén 31 The political economy of gender and peacebuilding 323 Yasmin Chilmeran and Jacqui True Index 339

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Book SynopsisDemocratic governments are increasingly under pressure from populists, and distrust of governmental authority is on the rise. Economic causes are often blamed. Making a 21st Century Constitution proposes instead that constitutions no longer provide the kind of support that democracies need in today's conditions, and outlines ways in which reformers can rectify this.Frank Vibert addresses key sources of constitutional obsolescence, identifies the main challenges for constitutional updating and sets out the ways in which constitutions may be made suitable for the the 21st century. The book highlights the need for reformers to address the deep diversity of values in today's urbanized societies, the blind spots and content-lite nature of democratic politics, and the dispersion of authority among new chains of intermediaries.This book will be invaluable for students of political science, public administration and policy, law and constitutional economics. Its analysis of how constitutions can be made fit for purpose again will appeal to all concerned with governance, practitioners and reformers alike.Trade Review‘In Making a 21st Century Constitution: Playing Fair in Modern Democracies, Frank Vibert explores the current state of constitutions, outlining why they have become outdated and suggesting ways in which they can be reworked to better meet the needs of democracies today. While readers may not agree with all of the book’s arguments, it provides interesting insight into how constitutions can overcome their democratic weaknesses and is a welcome addition to this increasing body of scholarship.’ -- Elyse Wakelin, LSE Review of BooksTable of ContentsContents: Preface 1. Introduction 2. Constitutions and Democracy: The Setting PART I SOURCES OF CONSTITUTIONAL OBSOLESCENCE 3. Obsolescence: The Foundational 4. Obsolescence: The Canonical 5. Obsolescence: The Purposive 6. Diversity and the Challenge to Established Social Practices PART II REFINING THE CHALLENGES: MOTIVES AND THEIR EXPRESSION 7. Building Blocks and the Mix of Motives 8. The Material Motive: Problem Management 9. The Emotive: Togetherness and Fairness 10. The Normative Motivation: The Role of Politics PART III UPGRADING CONSTITUTIONAL EXPRESSION 11. Constitutions and Common Knowledge of the New Actors 12. Hierarchy and Political Persuasion 13. Qualitative Rules and the Transvaluational 14. Missing Actors in Chains of Intermediation 15. Benchmarking: Rights and Normative Choice 16. Legitimacy: Identification and Consent 17. Conclusions: Upgrading Constitutions Appendix References Index

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Book SynopsisThis thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain.Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems.Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.Trade Review‘It is a thought-provoking book, and contains a huge array of ideas, information and literature, some of it slightly out of the way. The author argues his case powerfully, often convincingly, and commendably concisely. . . every public lawyer and student of public law would benefit from reading it to test their assumptions.’ -- David Feldman, Law Quarterly Review‘This is an important and timely intervention.’ -- Tanzil Chowdhury, Public Law‘The distinctive value in Jones’s contribution here is the breadth and depth with which he engages with and analyzes one of the core (but often overlooked) distinctions in constitutional theory.’ -- Edward Willis, I•CON‘What Jones does in this book is to make a bold statement: written constitutions have become idols, and the time is past due for us to put aside the false faith that they are the saviours of society.’ -- Renato Saeger M Costa, University of Queensland Law Journal‘Jones systematically asks the sceptical questions that must be asked in any serious conversation about constitutional codification.’ -- Asanga Welikala, JOTWELL‘Constitutional Idolatry and Democracy is a thought-provoking and timely work that presents its case in an accessible manner.’ -- James R Zink, Governance‘I can’t imagine a better book to discuss in a seminar, whether of students or senior academics.’ -- Sanford Levinson, IACL-AIDC blog'This is a timely intervention in the debates over the necessity, sufficiency and desirability of written constitutions and one which speaks directly to both United States and United Kingdom audiences.' --Janet McLean, University of Auckland, New Zealand'This powerful book explores the limits of written constitutions and the ways in which we idolise them. Jones develops an impressive critique of dominant constitutional thinking, assessing the broader impact of written constitutions on our democracy, our politics and our citizens. The book offers an important challenge to those who assume a written constitution is the best way to reform the UK's political system, and clearly reveals the risks of overstating what written constitutionalism can achieve.' --Michael Gordon, University of Liverpool, UK'In this wide-ranging, innovative, and truly excellent study of constitutional forms, Brian Christopher Jones challenges the conventional wisdom that codified constitutions hold decisive advantages over uncodified ones. From one chapter to the next, Jones takes readers on a voyage around the world, drawing from his rich repository of deep comparative insights to identify, elaborate, and theorize the dangerous consequences of constitutional idolatry that inhere in master-text constitutions. From now on, no defense of constitutional codification will ever be complete without confronting the compelling arguments in this important work.' -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1. What is constitutional idolatry? 2. Venerating a text: some positive aspects of constitutional idolatry 3. Educating the citizenry? 4. The reality of ‘We the People’ constitutional claims 5. Invigorating democracies? 6. A ‘good’ constitution is essential to state survival 7. Constitutional paternalism: the rise and problematic use of constitutional guardian rhetoric 8. Idolatry and constitutional change 9. Constitutional idolatry and democracy: a preliminary conclusion Index

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Book SynopsisThis insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.Trade Review'In reflecting on the separation of powers, the authors of this diverse collection of essays engage fruitfully with Giovanni Bognetti's basic insight (famously enlivened by the Baron de Montesquieu himself) that the best constitutional theory is sensitive to time and place, and to the ever-changing political, social and economic landscapes of governance.' -- Peter Cane, Christ's College, Cambridge, UK'The book is an important, timely and rich contribution to modern constitutional theory on separation of powers. Separation of powers and its contemporary challenges are analyzed in light of the modern political, societal and global context drawing on comparative perspectives. It is a very interesting and dynamic book which provides the reader with a broad picture of the current debates on separation of powers and on how to find the balance between the original fundamental principle on which many democracies are built and the need to redefine its meaning in a modern, global and comparative context.' -- Helle Krunke, University of Copenhagen, Denmark'The indefatigable trio of Baraggia, Fasone and Vanoni have once again joined forces to produce an exciting and innovative resource for scholars in public law. This cutting-edge book brings together leading authorities in constitutional studies to diagnose and contextualize the present and future of the separation of powers. The editors have curated a brilliant set of chapters shining comparative, historical and theoretical light on enduring and emerging questions that will now have better answers thanks to this book.' -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1 Introduction 1 Vincenzo Zeno-Zencovich PART I THE THEORETICAL CHALLENGES TO THE CLASSICAL SEPARATION OF POWERS DOCTRINE 2 Introduction to Part I 7 Andrea Pin 3 Revitalising the social foundations of the separation of powers? 10 Eoin Carolan 4 Direct democracy and the separation of powers 30 Zoltán Pozsár-Szentmiklósy 5 New challenges to the separation of powers: the role of constitutional courts 45 Luca Pietro Vanoni 6 The rise of conditionality within the global administrative space: a challenge for the separation of powers 77 Antonia Baraggia PART II TRANSFORMATIONS OF THE SEPARATION OF POWERS IN NATIONAL CONTEXT 7 Introduction to Part II 101 Francesco Clementi 8 The separation of powers in new constitutions 104 Francois Venter 9 Unpacking the separation of powers 123 Jiří Baroš, Pavel Dufek and David Kosař 10 The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system 143 Stefania Leone and Irene Pellizzone PART III THE SEPARATION OF POWERS UNDER PRESSURE 11 Introduction to Part III 165 Arianna Vedaschi 12 “The symbolic jurisprudence”: Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review 179 Tomasz Tadeusz Koncewicz 13 EU “strict conditionality” from the perspective of the separation of powers 202 Ioannis A. Tassopoulos 14 North Africa and the Middle East after the Arab uprisings: a new separation of powers? 223 Francesco Biagi 15 Conclusion 243 Miryam Iacometti Index 252

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Book SynopsisDespite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.Trade Review'Despite its distinguished constitutional history and rationales, bicameralism has often been a contested choice. This excellent edited collection explores the pros and cons of bicameral legislative structures and especially their ability to reform themselves. Covering a rich variety of jurisdictions, the book is bound to be of great interest to comparative constitutionalist and political scientists alike.' --Robert Schütze, Durham Law School, UK'This volume brings a fresh approach to and analysis of bicameralism as a constitutional law concept. The vast contribution of case studies, together with concluding chapters of each section of the book, provides depth and reflection to the overall analysis. As pointed out in the book's Foreword and Conclusion, the topic is especially relevant in times of populism and challenges to liberal democracy and constitutionalism. Anyone with an interest in comparative constitutional law in general and constitutional design and its impact on the resilience of liberal democracies in particular, will benefit from the contributions to this book.' --Anna Jonsson Cornell, Uppsala University, Sweden'Parliaments' second chambers are often challenged to prove they have a purpose. Still bicameralism has been surprisingly resilient, against all rational approach to political institutions' engineering. Edited by three scholars from both sides of the Atlantic, this valuable collection sheds new light on why bicameralism keeps being put under pressure but is so hard to change, and is particularly relevant in light of the ongoing populist wave. A must for those who look for an answer about what to do with bicameralism today.' --Carlo Fusaro, University of Florence, ItalyTable of ContentsContents: Foreword Meg Russell, Bicameralism in an Age of Populism Introduction 1. The Challenge of Reforming Bicameralism Richard Albert, Antonia Baraggia and Cristina Fasone Part I Theories and Challenges to Bicameralism: Multi-tiered Government Systems and the EU 2. Bicameralism. Multiple Theoretical Roots in Diverging Practices Maria Romaniello 3. ‘Visible’ and ‘Invisible’ Second Chambers in Unitary States. ‘Territorialising’ National Legislatures in Italy and the United Kingdom Barbara Guastaferro 4. How Does the European Union Challenge Bicameralism? Lessons from the Italian Case Pietro Faraguna 5. The Scrutiny of EU Documents in Bicameral System. Opportunity or Weakness? Wouter Wolfs and Caterina Cigala 6. The House of Lords faces up to Brexit Peter Leyland 7. Bicameralism in Multi-tiered Systems Patricia Popelier Part II Challenging Unicameralism 8. The Shadow of Bicameralism in a Unicameral State: Dispersed Functional Bicameralism in Bulgaria? Mihail Vatsov and Polina Vakleva 9. Defending Bicameralism and Equalizing Powers: the Case of Peru Diego Serra 10. The Failed Referendum to Abolish the Ireland’s Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country David Kenny 11. Unicameralism and “Masked” Bicameralism Cristina Fasone Part III Reforming or Abolishing the Upper House? 12. The Sénat Français of the Fifth Republic: The Permanent Paradox Priscilla Jensel Monge 13. The Future of Poland’s Second Chamber: Is the Senate Still Needed? Katarzyna Granat 14. Reshaping the National Council of the Republic of Slovenia Dušan Štrus 15. Bicameralism(s) in the Age of Ethnicity: Prospects for Reform of Legislatures in Bosnia and Herzegovina Nedim Kulenović 16. Bicameralism As a Normative Choice In the Tension Between Its Reform and Its Passing Giovanni Piccirilli Conclusion What Are We To Make of Bicameralism in the Twentieth-First Century? The Reform Trap Cristina Fasone Index

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Book SynopsisThere has been renewed and growing interest in exploring the significant role played by law in the centralization of power and sovereignty – right from the earliest point. This timely book serves as an introduction into state theory, providing an overview of the conceptual history and the interdisciplinary tradition of the continental European general theory of the state. Chapters present a theory of the state grounded in cultural analysis and show liberal democracy to be the paradigm of today’s western nation-state. The analysis includes the emergence of legal forms and institutions that are linked either to the constitutional state (the securing of civil liberties and fundamental rights), the welfare state (social and welfare law), or the network-state (regulation of complex digital technologies). Thomas Vesting focuses on illustrating the fundamental features of these evolutionary stages – the three layers constituting the modern state – and reveals their cultural and social preconditions. This book will be an ideal read for students, postgraduates, and other academic audiences with interests in state theory, jurisprudence, legal theory, political theory, and legal philosophy.Trade Review‘This is a timely book that takes a fresh look at an old concept: the state! The original approach chosen by Thomas Vesting consists in a new theory of the state that is focused on its cognitive and cultural meaning. It builds a bridge between legal and political sciences and sheds new light on the knowledge base of both state and society. It rewrites the history of the state and reconfigures the conception of the state of the network society.’ -- Karl-Heinz Ladeur, University of Hamburg, GermanyTable of ContentsContents: Preface 1. The state and state theory 2. The model of liberal democracy 3. The state’s monopoly on the use of force: the early modern territorial state 4. The self-organization of society: the constitutional state 5. Expanding the mission of the state: the welfare state 6. Building order from fragments: the network state 7. Looking forward: the enduring significance of the state in the age of globalization Bibliography Index

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Book SynopsisIn Trump's Counter-Revolution, Mikkel Bolt Rasmussen looks behind the craziness of Donald Trump to decipher the formation of a new kind of fascism, late-capitalist fascism, that is intent on preventing any kind of real social change. Trump projects an image of America as threatened, but capable of re-creating itself as a united, white and patriarchal community: "Make America great again". After forty years of extreme, uneven development in the US, Trump's late-capitalist fascism fuses popular culture and ultra-nationalism in an attempt to renew the old alliance between the white working class and the capitalist class, preventing the coming into being of an anti-capitalist alliance between Occupy and Black Lives Matter. 'A lucid, clear-eyed analysis of the morbid spectacle of Trump's racist counterrevolution. Mikkel Bolt proposes to add to the rubble of the neoliberal order by demolishing the political form of capitalism - democracy itself - as it slides into fascism. Welcome to life in the postcolony.' Iain Boal, co-author of Afflicted Powers: Capital and Spectacle in a New Age of War

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Book SynopsisThe election of Donald Trump was a shattering moment to the political sensibilities of America; immediately sending the country into a frenzy of commentary, critique, and a never-ending media coverage that has bordered on the absurd. But the question still remains: what does it all mean? The Meaning of Trump is an ideological critique that sees the election of Donald Trump as a completely natural progression to the general trajectory of digitized technologies, neoliberalism, and a new breed of financialized capitalism; destructive global forces that know no party affiliation or national boundary. Although Donald Trump is undoubtedly the symptom that has exploded to the surface after nearly four decades of failed policies and broken promises by both Republicans and Democrats alike, his election can also be seen as an existential fork in the road for both the United States and even humanity itself. What path is taken still remains to be seen.

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Book SynopsisThe eighteen essays and speeches in Take Hold of Our History render a manifesto – a call to remember, redeem, and embrace the American radical story and tradition in favor of cultivating American historical memory and imagination and making America radical once again. For too long we have allowed the right to hijack the past and suppress, efface, lie about, and/or appropriate the essentially radical story of America from the struggles of the Revolution to those of the Age of Roosevelt and the 1960s. And no less tragically, we on the left, apparently haunted by the worst of our national experience, have turned our back on our own story and deferred to the tales of conservatives and reactionaries. Fleeing from the past, we merely compound the tragedies and ironies of American history, for we turn our backs on both the nation’s democratic creed and radical imperative, but also the struggles from the bottom up, the struggles in which working people and others have laid hold of America’s revolutionary promise and succeeded in making the United States freer, more equal and more democratic, at times, radically so. As Bill Moyers put it in 2008: “Here in the first decade of the twenty-first century the story that becomes America’s dominant narrative will shape our collective imagination and our politics for a long time.” The time has come for us to advance that narrative.

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Book SynopsisA look at the striking similarities between Donald Trump and Silvio Berlusconi, from their business and TV backgrounds to the unprecedented way in which they broke into politics. Both leaders introduced new language patterns, deepened the political wedge between parties, and managed to recruit a significant base of followers; should they be considered a cult, rather than political affiliation? In Norms Under Siege, Edoardo M. Fracanzani goes beyond comparisons between Trump and Berlusconi and asks what is revealed about the kind of society that would allow their rise to power.

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Book SynopsisIn this insightful book, Alexander Styhre examines how corporations, often understood primarily as economic entities or legal devices, seek to influence and shape the market and the wider society in which they operate. Given the scope of such activities in most advanced economies, Styhre argues that corporations are political agents in their own right and that they must be critically analyzed in these terms. The book discusses the history and mechanisms of corporate law and the introduction of regulatory control to show how this has led to the development of a 'market for political influence' in the form of the lobbyism industry, think tank scholarship and advocacy, and donations to politicians and their parties. Theoretical perspectives are complemented by empirical studies as chapters analyze a variety of practices, such as corporate social responsibility commitments, in the light of corporations' political objectives. Management studies scholars and graduate students will benefit from the broadened perspective this book adds to organization theory and management studies literature. It will also prove an insightful read for policy makers and those working in regulatory agencies, as well as management consultants.Trade Review'Styhre provides a much-needed management perspective on the political dimension of corporations. Reaching back to the origins of the corporation to trace its constitution through politics, he investigates the role of politics in markets and markets in politics, opening up understanding of the corporation to its environment in a way that reminds the reader of Polanyi's great works. This is a book that should be on the reading list for any management scholar as well as for every MBA student.' --Stefan Arora-Jonsson, Uppsala University, SwedenTable of ContentsContent: Introduction: The political constitution of the corporation 1. The legal invention of the incorporated business 2. Market regulation and corporate interests 3. The market for political influence 4. The question of corporate social responsibilities 5. The corporation and the future competitive capitalism Bibliography Index

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book SynopsisThis timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d’etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past.Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.Trade Review'A novel and sophisticated collection of essays on some of the most fascinating questions in constitutional and political theory. Associating socio-legal memory and oblivion with constitutional and political transitions, this book is a must-read for anyone interested in how constitutions affect - and react to - the past, present and future, through revolutions, amendments and judicial interpretation. This rich blend of multidisciplinary perspectives on constitutional ordering and disordering is an original and important contribution to the study of constitutionalism and constitutional change.' -- Yaniv Roznai, Interdisciplinary Center (IDC) Herzliya, Israel'Revolution is all the rage - this new book appears at just the right time. Innovative and important, Revolution, Transition, Memory, and Oblivion offers new perspectives on how constitutions change, often radically and dramatically. Belov and Abat i Ninet have assembled an outstanding group of scholars whose chapters push the boundaries of our current knowledge on the interrelationships among revolution, rebellion, replacement, and constitutionalism. This book forces readers to rethink old views and to grapple with new insights.' -- Richard Albert, The University of Texas at Austin, US'We live in a time of sweeping constitutional transformation. The profound effects and implications of this ubiquitous development have created a critically important scholarly agenda, refining the analytical constructs for sharpening our comprehension of what it all means. The multidisciplinary contributors to this volume have responded splendidly to this challenge, offering up a methodologically and conceptually diverse set of assessments that valuably illuminate the complex issues kindled by the prevalence of radical constitutional change.' -- Gary J. Jacobsohn, The University of Texas at Austin, US'This collection of essays provides a host of original insights at this moment of global crisis. They invite the reader to gain a deep historical perspective upon the dilemmas we currently face in reconstructing a constitutional order that can meet the challenges of the twenty-first century. Nobody can predict the future, but we can learn a good deal from the successes and failures of the past.' -- Bruce Ackerman, Yale Law School, USTable of ContentsContents: Introduction xi Martin Belov and Antoni Abat i Ninet PART I CONSTITUTION, REVOLUTION, AND LAW 1 Conceptualising the relationship between revolutions and constitutions 2 Antoni Abat i Ninet 2 Revolution and interpretation: what is a legal revolution? 18 Xavier Souvignet 3 Revolution in law 31 Yanaki Stoilov 4 Constitutional revolutions beyond liberalism: a realist critique 54 Acar Kutay PART II NORMATIVIST DISCOURSES ON LEGAL AND CONSTITUTIONAL REVOLUTION 5 The basic norm at the time of the revolution 71 Monika Zalewska 6 On the Kelsenian concept of revolution: a theory of the relationship between social and legal revolution and the case of the first Bulgarian constitutional transition (1944–1947) 91 Simeon Groysman PART III CONSTITUTIONAL REVOLUTION AND CONSTITUTIONAL TRANSITION – BETWEEN MEMORY AND OBLIVION 7 Constitutional memories: how do constitutions cope with constitutional past 107 Martin Belov 8 The art of using legal fiction as a legal revolution solution: the case of Vichy 126 Emmanuel Cartier 9 The interim constitution in time of transition: between constitutional amendment and constitutional revolution 144 Aleksandar Tsekov PART IV CONSTITUTION-MAKING, UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS AND PRO-AUTHORITARIAN DRIFTING OF THE CONSTITUTIONAL ORDER 10 Constitution-making processes in Europe since the Second World War 168 Zoltán Szente 11 Why does a constitutional change emerge and who has a say in it? Constitution-making, constitutional amendments and their constitutional review in Hungary between 2010 and 2018 184 Fruzsina Gárdos-Orosz 12 Constitutional change through unconstitutional interpretation 210 Monika Florczak-Wątor 13 Conclusion 231 Martin Belov and Antoni Abat i Ninet Index

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Book SynopsisWith the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.Chapters explore and lay the scientific basis for answering crucial questions such as ‘Where should the legal limits of direct democracy be drawn?’ and ‘Who should review compliance with these limits?’ Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission’s Guidelines on the Holding of Referendums.Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.Trade Review‘Referendums and popular initiatives have become more frequent in Europe, and also more disruptive for the stability of national political systems. There is a rich political science literature on the promise and risk of direct democracy but the legal literature, so far, tended to be country-specific. The present volume fills a gap in our knowledge by providing an in-depth comparative study of the legal constraints that condition and channel the recourse to instruments of direct democracy. The book covers 11 representative countries of Europe and it also discusses the Europe-wide Code of good practice on referendums adopted by the Venice Commission.’Table of ContentsContents: 1 Introduction to The Legal Limits of Direct Democracy 1 Daniel Moeckli PART I THE VENICE COMMISSION’S CODE OF GOOD PRACTICE ON REFERENDUMS 2 The Code of Good Practice on Referendums 11 Pierre Garrone 3 Revision of the Code of Good Practice on Referendums 19 Nicos C. Alivizatos PART II ‘OLD’ EUROPEAN DEMOCRACIES 4 Switzerland 24 Daniel Moeckli 5 Liechtenstein 43 Wilfried Marxer 6 Italy 65 Henri Ibi 7 Spain 86 Daniel Simancas 8 France 107 Marthe Fatin-Rouge Stefanini PART III ‘NEW’ EUROPEAN DEMOCRACIES 9 Slovenia 135 Bruna Žuber and Igor Kaučič 10 Croatia 155 Robert Podolnjak 11 Slovakia 176 Kamil Baraník 12 Hungary 195 Anna Forgács 13 Latvia 214 Mārtinš Birģelis 14 Russia 236 Julian Ivan Beriger 15 Comparative conclusion 262 Anna Forgács, Henri Ibi and Daniel Moeckli Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Providing a comprehensive account of America’s constitutional framework, this Advanced Introduction examines how U.S officials carry out America’s foreign policy objectives through diplomacy, trade agreements, secretive covert actions, and the use of military force. Loch K. Johnson delivers an invigorating examination of ethical and legal aspects of American foreign policy as well as providing a new perspective on topics such as domestic politics, diplomacy and policymaking.Key Features include: Analysis of the international setting for U.S. foreign policy activities Examination of foreign policy decision making from domestic, individual and international settings. Discussion of the relationship between the United States and other nations, international organizations, and various global factions. Concise and timely, this Advanced Introduction will be a beneficial read to foreign policy, American studies and international relations students and researchers. This will also be a key resource for military academies and organizations seeking a better understanding of the position of the United States in global affairs.Trade Review'American foreign policy has been on a roller-coaster ride since the end of the Cold War. Instead of ushering in an era of peace and global cooperation, we have witnessed the 9/11 terrorist attacks, ''forever wars'' in Afghanistan and Iraq, a return of isolationism (''America First'') and a looming confrontation with a rising superpower, China. Rarely has there been a greater need for a book to provide understanding and insight into the history, constitutional basis, and practice of American foreign policy. Professor Loch Johnson’s account does that, just in time.' -- Karl F. Inderfurth, Former US Assistant Secretary of State (1997-2001) and Former US Representative to the United Nations (1993-1997)'Professor Loch Johnson's Advanced Introduction to American Foreign Policy has all the qualities I look for in an excellent textbook. The writing is clear. The concepts are nicely explained. The history of U.S. foreign policy is adeptly described. The domestic and international influences on the making of foreign policy are explained in a way that students will understand. The human dimension is never ignored. And the book is concise, which gives it a clear appeal over elephantine textbooks which almost no student wants to read.' -- David M. Barrett, Villanova University College of Liberal Arts and Sciences, USTable of ContentsContents: Preface PART I INTRODUCTION 1. The United States as a world power 2. An analytic framework PART II THE INFLUENCES OF HISTORY 3. The formative years of American foreign policy 4. Cold war 5. American foreign policy in a fractious world PART III THE MAKING OF FOREIGN POLICY 6. The constitutional framework 7. Institutional conflict and cooperation 8. The human dimension PART IV THE INSTRUMENTS OF FOREIGN POLICY 9. Intelligence collection-and-analysis 10. Diplomacy 11. War 12. Covert action 13. Economic statecraft 14. Moral and cultural suasion PART V THE CHALLENGES AHEAD 15. A new American foreign policy Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Providing a comprehensive account of America’s constitutional framework, this Advanced Introduction examines how U.S officials carry out America’s foreign policy objectives through diplomacy, trade agreements, secretive covert actions, and the use of military force. Loch K. Johnson delivers an invigorating examination of ethical and legal aspects of American foreign policy as well as providing a new perspective on topics such as domestic politics, diplomacy and policymaking.Key Features include: Analysis of the international setting for U.S. foreign policy activities Examination of foreign policy decision making from domestic, individual and international settings. Discussion of the relationship between the United States and other nations, international organizations, and various global factions. Concise and timely, this Advanced Introduction will be a beneficial read to foreign policy, American studies and international relations students and researchers. This will also be a key resource for military academies and organizations seeking a better understanding of the position of the United States in global affairs.Trade Review'American foreign policy has been on a roller-coaster ride since the end of the Cold War. Instead of ushering in an era of peace and global cooperation, we have witnessed the 9/11 terrorist attacks, ''forever wars'' in Afghanistan and Iraq, a return of isolationism (''America First'') and a looming confrontation with a rising superpower, China. Rarely has there been a greater need for a book to provide understanding and insight into the history, constitutional basis, and practice of American foreign policy. Professor Loch Johnson’s account does that, just in time.' -- Karl F. Inderfurth, Former US Assistant Secretary of State (1997-2001) and Former US Representative to the United Nations (1993-1997)'Professor Loch Johnson's Advanced Introduction to American Foreign Policy has all the qualities I look for in an excellent textbook. The writing is clear. The concepts are nicely explained. The history of U.S. foreign policy is adeptly described. The domestic and international influences on the making of foreign policy are explained in a way that students will understand. The human dimension is never ignored. And the book is concise, which gives it a clear appeal over elephantine textbooks which almost no student wants to read.' -- David M. Barrett, Villanova University College of Liberal Arts and Sciences, USTable of ContentsContents: Preface PART I INTRODUCTION 1. The United States as a world power 2. An analytic framework PART II THE INFLUENCES OF HISTORY 3. The formative years of American foreign policy 4. Cold war 5. American foreign policy in a fractious world PART III THE MAKING OF FOREIGN POLICY 6. The constitutional framework 7. Institutional conflict and cooperation 8. The human dimension PART IV THE INSTRUMENTS OF FOREIGN POLICY 9. Intelligence collection-and-analysis 10. Diplomacy 11. War 12. Covert action 13. Economic statecraft 14. Moral and cultural suasion PART V THE CHALLENGES AHEAD 15. A new American foreign policy Index

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Book SynopsisPresenting a comprehensive overview of the changes in policies and economic doctrines of the American economy following the 2008 global financial crisis, this book critically examines the reformation of the corporate landscape. Observing the growth of oligopolistic market tendencies and increased economic concentration, it draws on scholarly literature from economics, management studies and legal theory to provide an integrated perspective on the causes and consequences of the crisis.Discussing the growth of oligopolistic market niches in the American economy, chapters explore their causes, including the influence of “anti-antitrust” scholars on legal enforcement practices and the resulting relaxation of antitrust law. The book highlights their consequences, including the growth of monopsony and labor market concentration. Alexander Styhre uses aggregate economic equality data across the book to show that the working class in advanced economies have not been compensated for the globalization of the economy. It concludes by looking towards the long-term consequences of rising economic concentration, examining non-traditional labor contracts, new employment relations, lower entrepreneurial activities and lower labor compensation in the new corporate landscape.This informative book will be useful to students and scholars of business ethics and trust, corporate governance and organization studies. It will also be a critical read for policy makers concerned with the causes and consequences of economic inequality.Trade Review‘As the dynamism of the US and other advanced economies appears to be damaged by a lethal combination of low interest rates, plunging productive investments, real wage stagnation, rising household debt and growing inequalities, the concentration of economic power, and its political expression, are plain for all to see. Antitrust is once again high on the political agenda. Alexander Styhre’s new book tackles these questions head-on. It offers a lucid reading of the causes and consequences of the new corporate landscape that will interest both the New Brandeisians and their opponents. And his conclusions – that greater market competition is a good thing, but that the corporate system also needs to allocate the economic value it generates in ways that render it more legitimate in the eyes of its constituencies – will surely resonate with many today.’ -- David Gindis, University of Hertfordshire, UK‘The global economy is increasingly dominated by a handful of super-companies that wield immense power over citizens and governments. In this timely and perspicuous analysis of economic concentration, Alexander Styhre shows how the 2008 global financial crisis set the scene for a massive restoration of monopoly capitalism. This excellent book reveals the economic, legal and social policy drivers behind this and raises grave ethical questions about the decline of democracy. Anyone interested in the new corporate landscape should read this book.’ -- Peter Fleming, University of Technology Sydney, AustraliaTable of ContentsContents: Preface 1. The reformation of economic policies after the 2008 finance industry crisis 2. Legal theory doctrines and economic concentration: the ebbs and flows of antitrust enforcement 3. The consequences of economic concentration: declining dynamics in the US economy 4. Navigating in concentrated economies: issues, controversies, and prospects Bibliography Index

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Book SynopsisDemonstrating the crucial importance of local governance in China’s development and international relations, this topical Handbook combines theoretical approaches with novel methodological tools to understand state–society relations at the local level.The Handbook assesses the formal mechanisms that organize territorial relations and scales of state to reconceptualize the local in China’s sociopolitical history. Addressing the complexity of local governance, it examines both the state and societal actors that are involved in how local policies are designed and implemented. Chapters review the emerging literature on Chinese bureaucracy, central–local relations, administrative hierarchies, functional division of power in local governments, and policy innovation. Looking towards the future of the neoliberal capitalist world order, the Handbook also considers economic governance at the local level in the evolving contexts of digitalization and green transformation before tackling issues related to social governance including housing policies and public services.Interdisciplinary in scope, this comprehensive Handbook will be essential to students and scholars of Asian politics, policy, urban studies, and regulation and governance. It will also benefit policymakers across Asia working in governmental regulation and public administration and management.Trade Review‘”The local” is the venue where interests coalesce and great visions are tested and assessed. The Handbook on Local Governance in China presents the latest state-of-the-art review on this critical subject matter by skilfully marrying the more traditional, structural focus centring on policy processes within the multi-tier party-state apparatus, and the broader sociological and political economy dimensions centring on state-society interactions in a co-governance perspective. The empirical focus on two emerging policy areas –digitalization and green policy – adds caviar to the plate.' -- Linda Chelan Li, City University of Hong Kong‘This superb, nuanced interdisciplinary volume is packed with hitherto unresearched material, conceptualized and analyzed creatively and knowledgeably. The Handbook uncovers the inner workings of governance, plus societal reaction. Each chapter offers a wealth of new data illuminated by sophisticated interpretation. All scholars of domestic China will find much of value here.’ -- Dorothy J. Solinger, University of California, Irvine, USTable of ContentsContents: Preface xiv List of abbreviations xv Introduction to the Handbook on Local Governance in China 1 Ceren Ergenc PART I SCALES OF STATE 1 Central control and local governance: the political economy of change since 1949 10 David S.G. Goodman 2 From the administrative hierarchy to the system of administrative divisions 30 Carolyn Cartier and Puzhou Wu 3 The administrative structure and restructuring of cities in contemporary China 48 Kyle A. Jaros 4 The internal organization of local government in China 66 Nabo Chen and Xueguang Zhou 5 Xi’s third way: illiberal institutionalization 85 Björn Alpermann and Philipp C.D. Immel 6 Cadres and local policy experimentation 98 Reza Hasmath and Jessica C. Teets 7 Developments in urban neighborhood governance 112 Beibei Tang 8 Informal governance at China’s borders 127 Tak-Wing Ngo 9 Public participation in local governance: formal and deliberative institutions 138 Ceren Ergenc 10 Technocracy on the ground: cadre competence, expert involvement, and scientific advice in China’s local governance 151 Anna L. Ahlers PART II ECONOMIC GOVERNANCE 11 Digital governance in China 177 Genia Kostka 12 The digitalization and evolution of China’s vertical governance model 207 Xiang Gao 13 Cyberspace and social governance: the role of the Cyberspace Administration office 223 Yiran Li 14 Local environmental governance 243 Daniele Brombal 15 Green and low-carbon-oriented urban redevelopment: the transformation of urban governance in China 259 Chen Li and Mark Wang 16 The entrepreneurial state: the case of Wuxi’s solar industry 271 Minglu Chen and Juan Chen 17 Service organization reform at the local level 282 Chenyang He, Ning Liu, and Carlos Wing-Hung Lo 18 Solid waste governance in cities 299 Natalie W.M. Wong PART III SOCIAL GOVERNANCE 19 The political economy of local housing governance: 1949–2022 306 Zhao Zhang 20 Newly founded local universities: “land-grant colleges” on Chinese soil? 331 Qiang Zha 21 Welfare policy at the local level 345 Xian Huang 22 Migrants and local social inclusion 360 Wanyang Hu 23 Urban China and COVID-19: how Chinese cities responded to the pandemic 378 Xuefei Ren 24 Labour relations governance at the local level 386 Frank Lefeng Lin 25 Innovative state and local variations: governing religion in Greater Suzhou 405 Keping Wu 26 Judicial relations in local China 415 Juan Wang and Sitao Li 27 The challenge of controlling corruption at the grassroots 427 Andrew Wedeman Glossary 448 Index

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Book SynopsisProviding an in-depth and cutting-edge investigation into the rise of Asian research practices and paradigms, Mats Benner examines how this rise has been accomplished, what effects it has had, and how it has shaped universities across seven Asian countries.Broad and comprehensive, chapters analyse the research and education systems of China, Hong Kong, India, Japan, Macau, Singapore, South Korea, and Taiwan, considering how their universities operate, their models and policy priorities. Benner studies the historical, social and political causes behind the variations between these countries, before highlighting the effects of globalization on education, research and innovation. Assessing whether we are witnessing a tectonic shift in how and where education and research are carried out, the book ultimately concludes that regional disparities will remain, but that practices and priorities are becoming increasingly similar in the process of globalization.With Asia showing an increasingly marked presence in research and in scientific and technological capability, this timely book will be invaluable to university policy makers looking to innovate their education and research models, alongside students and scholars interested in Asian development, innovation and technology.Trade Review‘Mats Benner’s new book provides an expansive and much needed analysis on the campaign by Asian universities, and their governments, to be among the world’s most productive in research, with a laser focus on building nation-state economies. What sets Asia’s Rising Research Dominance apart is the nuance provided in the distinct national case studies – China, Hong Kong and Macau, Taiwan, India, Japan, South Korea. Here is a story of a dramatic trajectory, where the goal at first was simply quantity in research productivity, and now increasingly quality and economic impact.’ -- John Aubrey Douglass, University of California, Berkeley, US‘If you want to understand how the global balance of research power is rapidly shifting, then this is the book. Moving authoritatively across Asian “knowledge nations”, the emerging research landscape is expertly navigated, probed and explored. One is left convinced that research policy is crucially bound up with processes of nation-building, globalization and international power. Asia is ascending. And Mats Benner is the perfect analyst and guide. Highly recommended for anyone curious to learn more about the scientific rise of Asia – and to ponder what this will mean for universities, researchers and states across the world.’ -- Alan Irwin, Copenhagen Business School, DenmarkTable of ContentsContents: 1. Overture: A new academic landscape? 2. China: a global academic hegemon in the making? 3. India: the perils of institutional churn 4. Japan: resilient stagnation? 5. ‘Hospitality, not a country’: the anatomy of academic prominence in Singapore 6. South Korea: straddling tradition and modernity 7. Taiwan: resilient exceptionalism 8. Hong Kong and Macau: straddling and thriving in the shadow of hierarchy 9. Reprise: universities, state-building and globalization Index

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Book SynopsisThis thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insights into the evolving world order.Through a sustained examination of current events, as well as an acknowledgement of the significance of early constitutional history, this erudite Handbook brings together contributions from world-leading academics. New chapters offer timely commentaries on important developments in methodology such as postcolonial and feminist approaches. By providing additional scope for analysis, this updated edition further emphasises the central message of the first: that the global order cannot be understood without a clear comprehension of constitutional theory.The Handbook on Global Constitutionalism will act as an essential resource for scholars and academics of law, politics and human rights. Due to its comprehensive examination of vital concepts such as legal theory, it will additionally be beneficial for practitioners and policy makers.Trade Review‘The revised and expanded edition of the already valuable Handbook on Global Constitutionalism shows the continuing vigor and development of this no-longer “emerging” field of scholarship. New essays on postcolonial and feminist approaches to global constitutionalism extend the field in interesting directions, as do essays on constituent power and transnational litigation networks. Even those who have used the first edition will find much more to think about in this new one.’ -- Mark Tushnet, Harvard Law School, US‘This book not only provides a comprehensive overview over global constitutionalism as a field of research. In times where it may seem to be under extreme pressure, it also serves as a hopeful reminder that global constitutionalism is deeply rooted historically, a force still to be reckoned with.’ -- Mathias Albert, Bielefeld University, GermanyTable of ContentsContents: Preface and acknowledgments xvii 1 Introduction to the Handbook on Global Constitutionalism: protecting rights and democracy while binding power 1 Anthony F. Lang, Jr. and Antje Wiener PART I HISTORICAL ANTECEDENTS 2 Global constitutionalism: the ancient worlds 24 Jill Harries 3 Medieval constitutionalism 36 Francis Oakley 4 Global constitutionalism in the early modern period: the role of empires, treaties and natural law 47 Martine van Ittersum 5 The Enlightenment and global constitutionalism 60 Chris Thornhill 6 Modern historical antecedents of global constitutionalism in theoretical perspective 77 Michel Rosenfeld PART II POLITICAL AND INTERNATIONAL RELATIONS THEORIES 7 Cosmopolitanism and global constitutionalism 90 Garrett Wallace Brown 8 Liberal theory 102 Iain Ferguson 9 Constructivism and global constitutionalism 116 Jan Wilkens 10 Realist perspectives on global constitutionalism 130 Oliver Jütersonke 11 Critical theory 141 Gavin W. Anderson 12 The English School and global constitutionalism 153 Filippo Costa Buranelli 13 Postcolonial global constitutionalism 167 Sigrid Boysen 14 Feminist approaches to global constitutionalism 186 Ruth Houghton PART III LEGAL THEORIES 15 Natural law at the foundation of global constitutionalism 209 Mary Ellen O’Connell 16 International legal constitutionalism, legal forms and the need for villains 226 Jean d’Aspremont 17 Interactional legal theory, the international rule of law and global constitutionalism 241 Jutta Brunnée and Stephen J. Toope 18 The shifting relationship between functionalism and global constitutionalism 254 Jeffrey L. Dunoff 19 Global constitutionalism and international public authority in the crisis of liberal internationalism 266 Armin von Bogdandy, Matthias Goldmann and Ingo Venzke PART IV PRINCIPLES AND PRACTICES 20 Global constitutionalism and the rule of law 295 Mattias Kumm 21 Balance of powers 309 Eoin Carolan 22 Constituent power in global constitutionalism 319 Peter Niesen 23 Human rights as transnational constitutional law 332 Samantha Besson 24 Proportionality as a global constitutional principle 347 Anne Peters 25 Written versus unwritten: two views on the form of an international constitution 364 Bardo Fassbender 26 Transnational litigation networks: agents of change in the global constitutional order 374 Jill Bähring 27 Human rights, sovereignty and the use of force 396 Sassan Gholiagha PART V INSTITUTIONS AND FRAMEWORKS 28 International judicial review 410 Başak ‚alõ 29 Legislatures 424 M.J. Peterson 30 Executive and exception 437 William E. Scheuerman 31 Federalism: from constitutionalism to constitutionalization? 448 Thomas O. Hueglin 32 The UN Charter and global constitutionalism? 460 Michael W. Doyle 33 Functionalism, constitutionalism and the United Nations 477 Jan Klabbers 34 The European Union and global constitutionalism 490 Jo Shaw 35 The International Criminal Court and global constitutionalism 508 Andrea Birdsall and Anthony F. Lang, Jr. 36 Global commercial constitutionalization: the World Trade Organization 519 Joel P. Trachtman PART VI NEW HORIZONS 37 Global constitutionalism and outer space governance 529 Adam Bower 38 The political economy of global constitutionalism 542 Christine Schwöbel-Patel 39 Global religion in a post-Westphalia world 556 Susanna Mancini 40 Constitutionalism and pluralism 568 Neil Walker Index

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Book SynopsisThis book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe’s last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones.This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Küpper’s application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.Trade Review‘This daring book reconceptualises post-Soviet transitions as exercises in post-colonial constitution-making. The result of this reframing is a wealth of insight, including a deepened understanding of the understudied polities that were formerly part of the USSR and fresh perspectives on the authoritarian turn taken in some parts of Eastern Europe.’ -- ­– David Landau, Florida State University, College of Law, USTable of ContentsContents: Preface Introduction: understanding East European and Eurasian constitutions through the post-colonial lens 1. Post-colonialism and post-socialist constitutional change 2. Russian constitution-making: convergence or continued exceptionalism in the former imperial centre? 3. An unexpected independence: the constitutions of the states of the ‘inner empire’ 4. Case studies from the inner empire 5. Factual decolonisation: the constitutions of the states of the ‘outer empire’ 6. Case study from the outer empire Conclusions: the shadows of the past and the overlaps between the post-authoritarian and the post-colonial Bibliography Index

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