Constitution: government and the state Books

Book SynopsisThis book provides a retrospective and prospective analysis of the Lobbying Disclosure Act (LDA) on its 20th anniversary. It begins with a historical summary of citizens right to petition, the connection between the right to petition and lobbying, and the regulation of contact between citizens and government in the United States. The book then examines contemporary issues that might affect lobbying and citizens right to petition government; and provides analysis of potential options for congressional action should Congress consider amending provisions of the LDA. Moreover, the book provides a brief history and description of the provisions of federal law restricting employment opportunities and activities of federal employees after they leave the service of the executive or legislative branches of the federal government.

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Book SynopsisCongresss role and operation in national politics is fundamentally shaped by the design and structure of the governing institution in the Constitution. One of the key principles of the Constitution is separation of powers. The doctrine is rooted in a political philosophy that aims to keep power from consolidating in any single person or entity, and a key goal of the framers of the Constitution was to establish a governing system that diffused and divided power. These objectives were achieved institutionally through the design of the Constitution. The legislative, executive, and judicial branches of the government were assigned distinct and limited roles under the Constitution, and required to be comprised of different political actors. The constitutional structure does not, however, insulate the branches from each other. While the design of the Constitution aims, through separation, to prevent the centralization of power, it also seeks the same objective through diffusion. Thus, most powers granted under the Constitution are not unilateral for any one branch; instead they overlap. This book provides an overview of separation of powers. It reviews the philosophical and political origins of the doctrine; surveys the structure of separation of power in the Constitution; discusses the consequences of the system, for both the institutions and for individual political actors; and provides a discussion of separation of powers in the context of contemporary politics.

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Book SynopsisThe appointment of a Supreme Court Justice is an event of major significance in American politics. Each appointment is of consequence because of the enormous judicial power the Supreme Court exercises as the highest appellate court in the federal judiciary. Appointments are usually infrequent, as a vacancy on the nine-member Court may occur only once or twice, or never at all, during a particular Presidents years in office. Under the Constitution, Justices on the Supreme Court receive what can amount to lifetime appointments which, by constitutional design, helps ensure the Courts independence from the President and Congress. This book reviews the appointment process of Supreme Court nominees.

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Book SynopsisFederal inspectors general (IGs) are authorized to combat waste, fraud, and abuse within their affiliated federal entities. To execute their missions, offices of inspector general (OIGs) conduct and publish audits and investigations -- among other duties. Two major enactments -- the Inspector General Act of 1978 and its amendments of 1988 -- established federal IGs as permanent, nonpartisan, and independent offices in more than 70 federal agencies. OIGs serve to assist Congress in overseeing executive branch -- and a few legislative branch -- agencies. They provide recommendations and findings to their affiliated agency head and to Congress that may save the government millions of dollars per year. As a result, Congress may have an interest in ensuring that federal OIGs have the appropriate authorities and access to information they need to perform their investigations, audits, and evaluations. Concurrently, Congress has a responsibility to protect some records and information, such as national security information or information about an ongoing criminal investigation, from improper release. This book provides background on the statutory creation of federal OIGs and provides historical context for contemporary debates about the strengths and limitations of the offices. Furthermore, this book provides context on the role of the Integrity Committee (IC) in investigating allegations of wrongdoing made against employees of the IG community. The book provides analysis of congressional proposals seeking to amend and improve the ICs operations, and includes additional potential policy options for improvement of oversight of the IG community.

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Book SynopsisFederal advisory committeeswhich may also be labeled as commissions, councils, or task forcesare established to assist the executive branch in deliberating and, in some cases, helping to solve complex or divisive issues. Congress, the President, or an agency head may establish a federal advisory committee to render independent advice or provide policy recommendations. In 1972, Congress enacted the Federal Advisory Committee Act (FACA; 5 U.S.C. Appendix Federal Advisory Committee Act; 86 Stat. 770, as amended), prompted by the perception that some advisory committees were duplicative, inefficient, and lacked adequate oversight. FACA mandates certain structural and operational requirements, including formal reporting and oversight procedures. Additionally, FACA requires committee meetings be open to the public, unless they meet certain requirements. Also, FACA committee records are to be accessible to the public. Pursuant to statute, the General Services Administration (GSA) maintains and administers management guidelines for federal advisory committees. This book offers a history of FACA, examines its current requirements, and provides data on federal advisory committees operations and costs.

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Book SynopsisThe academic literature on political economy includes many models and theories. The contributions to this volume illustrate four basic principles that many exhibit. First, many different types of political economies exist. There are large differences between not just developed and developing countries but between early and late developers; and substantial differences are easy to discern even among superficially similar ones, such as the East Asian developmental states. Second, most political economies are marked by a myriad of interdependencies among market, state, and civil society. Third, change, both incremental and fundamental, occurs regularly in many. Fourth and as a result of the first three, the analysis of political economies is often quite complex. Chapter 1 focuses on change by analysing the ongoing Great Reset in the U.S. political economy in the early 21st century. Chapters 2-4 discuss how China differs from western models: in particular, models for international relationships, Confucianism and the Belt and Road Initiative, and China's cooperation with the Central and East European Countries respectively. Chapter 5 also covers variety and complexity with an in-depth theoretical treatment of Marx's theory of value. Chapter 6 raises issues of interdependence by highlighting the social bases of political economies. Chapters 7 and 8 touch upon interdependence and complexity by demonstrating how the U.S. political economy marginalizes minorities in the areas of education and health care respectively. Chapter 9 focuses upon interdependence by linking fiscal policy to subsequent election outcomes. Finally, Chapter 10 relates workforce development policy to changes in the 21st century American economy.Table of ContentsIntroduction; The Great Reset and the Back to the Future Vision of President Donald Trump; Adaptive Confucian Relationships: Models for Contemporary International Relations; When Geopolitics Meets Development on the Belt and Road: A Confucian Journey; New Directions in Theoretical Discussions, Empirical Research and Practical Cooperation for China-CEEC Cooperation in a Global Framework; Marxs Theory of Value: A Sympathetic Yet Critical Perspective; Social Bases and the Political Economy of Development; The Color-Line and the Classroom: Racialized Space and the Making of Neoliberal Schools; Race and Influenza Deaths in the United States; A Derivative-Based Model of U.S. Presidential Elections: 1880-2020; Workforce Development in the Age of COVID-19: Implications for Policymakers; Index.

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Book Synopsis"Have you ever wondered what it would be like to be a mayor? Well after serving three terms as a mayor and being a local and regional government official for over thirty-five years I think I know. So I wrote this book to pull the curtain back just enough to let you peak in and know as well. After you read this book you will know how political capital is used to make government work. You will also learn that you can tell a lot about how a person will govern by the kind of campaign they run to win an election. You will also see how circumstances can affect leadership and how public engagement can be a full contact sport. What is it like working with unions and dealing with the press or managing a fragmented government? I have been fortunate in that my career has spanned over some very interesting times and events. I was the first modern day Mayor for the City of Methuen after a charter change was approved to create a city form of government. The way the city was governed changed dramatically and the way government officials interacted and made decisions had to adjust as well. What happens and how does a city respond when one of your largest employers in your city, Malden Mills, is destroyed by fire? How do you protect the jobs and the economy of your city? What happens when your community has term limits and you need to leave before the job is done? It is a fascinating life with funny memories and memorable events that leads to a rewarding life. I hope you enjoy the story."

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Book SynopsisIn the wake of the most unprecedented election result in recent memory, the question on everyone's lips is: what just happened to the UK's political landscape - and why? And who are the 182 new faces on the House of Commons benches?In The Politicos Guide to the New House of Commons 2015, public affairs consultant Tim Carr teams up with editors of the bestselling Politicos Guide to the 2015 General Election Iain Dale and Robert Waller to present an all-inclusive and essential post-election document for academics, journalists, students and political enthusiasts alike in the wake of the poll-defying 2015 general election.Wide-ranging and accessible, this essential guide provides, amongst much else:* Biographies of the class of 2015, alongside details of their majorities and constituencies;* Demographic analysis by age, gender, ethnic origin, education and background;* Lists of new marginal constituencies, possible targets seats, defeated MPs, and more;* Expert commentary from political journalists and pollsters, exploring the role of the media, the historic result in Scotland and the future impact of fixed-term parliaments.Ranging from the disastrous pre-election polls to the failure of UKIP to make a breakthrough - and the massacre of Scottish Labour - The Politicos Guide to the New House of Commons 2015 is a must-read for anyone eager to know the details of the election result that has so dramatically re-shaped the country's political landscape.

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Book SynopsisThis volume represents a historical comparison of the American and the EU European constitutional experiences and lessons to be derived therefrom for the present time. It is designed to deepen the understanding of the historical and political dimensions of constitutional designs and practises on two continents. Hopefully, such historical depth charts will expand the horizon of debates among experts and decision-makers. The first part concentrates on the historical dimension. It deals with the experiences and perceptions of basic American political principles, developments of international and humanitarian law, and the historical dimension of constitutional debates. The second part of the book aims at culling potential lessons from the American constitutional experience and the remarkable longevity of the U.S. constitution. Additional chapters concentrate on specific aspects and elements of the European constitutional debate (courts of law, human rights, minority protections, as well as gender equality). Still other contributions focus on the historical context of the recent European Constitutional Convention. Chapters on writing a European ''bill of rights'', the EU reform debates of the 1990s, and finally an analysis of the Brussels Constitutional Summit of June 2004 are also included. The spillover effects of the economic and monetary union on the constitutional debates are covered here, as well as Asian perceptions of European integration. Practitioners and scholars address in this volume historical, political and diplomatic dimensions and achievements in the process of European constitution making and its chances of success in the future. Finally, the current tensions in the Atlantic world are analysed and what they may portend for the future of European Union security options.

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Book SynopsisThis book illustrates why and how informality in governance is not necessarily transitory or temporary, but a constant in most systems of the world. The difference between various administrative structures is not whether informality is present or not, but where, in which areas, it is located. The essays gathered in this volume demonstrate that, in some cases, informal mechanisms are self-protective, while, in others, they are perceived as normal responses and a set of tactics for individuals, classes, and communities to respond to unusual demands. Where expectations of the state, a company, or some commission are too far from citizens' existing models of normative behaviour, informal behaviour continues to thrive. Indeed, new tactics are adopted in order to cope with disjunctions between theory and reality as well as to serve as contrasts to values imposed by a centre of power, such as a central state, a city administration, or the management board of a large company. The focus of the papers contained in this book is two-fold and rests on an analysis of phenomena manifesting themselves "beyond" and "in spite of" the state. The first part deals with areas where the state is not always, or only marginally, active whilst the second analyses activities performed in conflict with state regulations (ie: behaviour often studied from a criminal and legal standpoint).

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Book SynopsisTextbook providing detailed information on the Indian Constitution, including amendments, important cases, legislative procedures, and comparisons with other countries. Designed for students at various levels and beneficial for law and political science students as well as Civil and Judicial Services Examination candidates.

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Book SynopsisIn 1975, Emergency in India led to state excesses and human rights violations. Arvind Narrain's book, Undeclared Emergency, warns of a potential shift towards a totalitarian state under the Modi government, emphasizing the importance of dissent and resistance in shaping the future.

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Book SynopsisThis volume includes primary and secondary sources from documents obtained by the Center from the National Archives in India which is the largest archival repository in Southeast Asia and is complementary to the documentary collections kept in the British Archives in London. Through a multitude of public records and private papers covering the period of time from 1748, as well as a number of manuscripts and decrees issued by the sultans of the states of the Islamic East, and in addition to maps, pictures and other historical vessels, this book constitutes an important source for researchers and scholars in the history of Qatar, the Gulf, the Arabian Peninsula, the countries of the Middle East. It is an essential volume with great scientific and historical benefit to researchers, scholars, historians, and those interested in the history of Qatar and the region.

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Trade ReviewDecision combines the scholar's meticulous research with the journalist's instinct for reporting. A reader feels like a witness to the exercise of the best legal minds on the Court (and of those that sometimes fell short). In the end, this book is a reassuring picture of those who wield unreviewable power. * Marcia Coyle, The New York Times Book Review *This fascinating book shows how the major decisions of the Supreme Court came to be, including Roe v. Wade.... In all, a terrific primer on the Supreme Court, the true lawgivers of the republic. * Booklist *Shows that the justices...make law through a much more collaborative and less individualistic process than is generally assumed.... Reading about the justices' foibles and personality conflicts is all the more entertaining given the veil of secrecy behind which they normally work.... Thoughtful and illuminating. * Kirkus Reviews *While Supreme Court decisions determine the rights of all individuals and the powers of all government officials, the Court's deliberations and actions that lead to these vitally important decisions are largely shielded from public view. By shedding valuable light on the Court's behind-the-scenes workings, Decision should enrich public understanding and support of our constitutional liberties and the Justices who uphold them. * Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School *Privy to heretofore unrevealed internal memoranda, Professor Bernard Schwartz has produced a remarkable scholarly analysis of Supreme Court practice and the thought processes of past and present justices who have been at the helm of our nation's judiciary. * Stanley Mosk, Justice, Supreme Court of California *Arguably the leading Supreme Court scholar of the day. * Supreme Court Historical Society Quarterly *

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Book SynopsisConstitutional Democracy systematically examines how the basic constitutional structure of governments affects what they can accomplish. This relationship is especially important at a time when Americans are increasingly disillusioned about government''s fundamental ability to reach solutions for domestic problems, and when countries in the former Soviet block and around the world are rewriting their constitutions. Political economist Mueller illuminates the links between the structure of democratic government and the outcomes it achieves by drawing comparisons between the American system and other government systems around the world. Working from the public choice perspective in political science, the book analyzes electoral rules, voting rules, federalism, bicameralism, citizenship, and separation of powers. It will be of great interest to students and scholars of political economy.Trade Review"...Constitutional Democracy is a useful addition to the literature on public choice theory and on constitutions. It opens up an interesting area for discussion and deserves to be widely studied."--The American Journal of Legal History"...An extaordinarily interesting book. Those who dislike public choice literature because of its frequent use of symbolic notation and first or second derivatives will be pleasantly surprised by Mueller's book. It is almost entirely prose and leaves the mathematical proof of his statements to notes. A tremendous advantage of Mueller's book is that it provides material for the teaching of many courses."--The Law and Politics Book Review"...Mueller has done a superb job in bringing together in one volume a very complete coverage of the essential economics....Constitutional Democracy will become the standard reference for those who take the next step to constitutional economics."--Constitutional Political Economy

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Book SynopsisMany leading historians have argued that the Constitution of the United States was a proslavery document. But in The Slaveholding Republic, one of America''s most eminent historians refutes this claim in a landmark history that stretches from the Continental Congress to the Presidency of Abraham Lincoln. Fehrenbacher shows that the Constitution itself was more or less neutral on the issue of slavery and that, in the antebellum period, the idea that the Constitution protected slavery was hotly debated (many Northerners would concede only that slavery was protected by state law, not by federal law). Nevertheless, he also reveals that U.S. policy abroad and in the territories was consistently proslavery. Fehrenbacher makes clear why Lincoln''s election was such a shock to the South and shows how Lincoln''s approach to emancipation, which seems exceedingly cautious by modern standards, quickly evolved into a Republican revolution that ended the anomaly of the United States as a slaveholding republic. Advances our knowledge of the critical relationships of slavery to the American government, placing it in perspective and explaining its meaning.... One could hardly ask for more.--Ira Berlin, The Washington PostTrade ReviewDon E. Fehrenbacher's final book, ably completed and edited by his former student Ward M. McAfee, examines the U.S. government's relations with slavery from the founding of the republic through the Civil War ... because of its clear thesis, broad view, and lively narration, The Slaveholding Republic will surely make an influential contribution to the historiography of American politics and slavery. And, like all good books, it raises important questions that deserve further examination. * American Nineteenth Century History *The Slaveholding Republic not only advances our knowledge of the critical relationships of slavery to the American government, placing it in perspective and explaining its meaning, but it also helps frame contemporary debates over the perennial question about the relative power of the nation and the locality. One could hardly ask for more. * Ira Berlin, The Washington Post *A major historian addresses a major theme in the late Don Fehrenbacher's The Slaveholding Republic. Rigorously based on the original sources, this book accurately and soberly relates the shameful story of how the federal government treated human beings as property. * Daniel Walker Howe, Rhodes Professor of American History, Oxford University *Engagingly written, thoughtfully conceived, and filled with flashes of insight. Here is a compelling contribution to the ongoing debate about the nation's ends and means, its better angels, and its fundamental law. * Phillip Shaw Paludan, author of "A People's Contest": The Union and the Civil War *Table of ContentsPreface ; I. Introduction ; II. Slavery and the Founding of the Republic ; III. Slavery in the National Capital ; IV. Slavery in American Foreign Relations ; V. The African Slave Trade, 1789-1842 ; VI. The African Slave Trade, 1842-1862 ; VII. The Fugitive Slave Problem to 1850 ; VIII. The Fugitive Slave Problem , 1850-1864 ; IX. Slavery in the Territories ; X. The Republican Revolution ; XI. Conclusion

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Book SynopsisIn modern nations, political disagreement is the source of both the gravest danger and the greatest security, writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation''s divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe,Trade ReviewSunstein takes the reader on a nuanced but spirited journey across a broad terrain of constitutional issues, from race discrimination to religious rights and presidential impeachment. Designing Democracy is a welcome change from the many books on constitutional law that sink under the weight of hermetic debates about interpretive methods. ...this approach brings a fresh perspective to many of the well-worn but still vital issues of American constitutional debate. * New York Times Book Review *One of our finest constitutional thinkers, Cass Sunstein develops here a powerful new understanding of a constitution's purpose and resources. In this important book, Professor Sunstein discusses the way a democratic constitution can turn a nation's political differences, however sharp, into a constructive force. * William Jefferson Clinton, former president of the United States *A powerful, persuasive critique of the conditions that distort [democratic] deliberation. * Washington Post Bookworld *

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Book SynopsisFiefs and Vassals has changed our view of the medieval world. It offers a fundamental challenge to orthodox conceptions of feudalism. Susan Reynolds argues that the concepts of the fief and of vassalage, as understood by historians of medieval Europe, were constructed by post-medieval scholars from the works of medieval academic lawyers and tha they provide a bad guide to the realities of medieval society.This is a radical new examination of relations between rulers, nobles, and free men, the distillation of wide-ranging research by a leading medieval historian. It has revolutionized the way we think of the Middle Ages.Trade Review`utterly absorbing and important. If Dr Reynolds's arguments are accepted, then most textbooks on medieval history will have to be recalled for repair like defective washing-machines ... Dr Reynolds's superb book is bound to generate much scholarly debate.' * Observer *Offers a broad set of criteria through which to analyse the evidence, in order to establish the nature of social status and relationships...In establishing her negative conclusion, the inadequacy of the feudo-vassalic orthodoxy, she is triumphantly successful. She is also vividly persuasive in her depiction of the gradual transformation of localised societies based on a great diversity of customs. * History Today *`this is a quietly original re-examination of the medieval world and of the feudal system in particular. "It has the austerity, compression and concentration of Sibelius's Fourth Symphony" (Stuart Airlie) * Observer *the reader's way is greatly eased by a lucid, engaging style that avoids jargon and any attempt at deconstructive methodology. Undoubtedly it will form a watershed in our understanding of medieval society. * The Historian *'For once the hype is worth attending to: this is a quietly original re-examination of the medieval world and of the feudal system in particular.' * The Observer *`she clarifies this feudal business so thoroughly that it ought now to be possible for the first time to discuss it without talking nonsense. ... anyone who understands the title ought to read the book. It will be bought by university libraries.' * The Spectator *`a book whose intellectual courage is as stirring as its range is wide and its scholarship deep. There have been none that so meticulously examines its manifestations in nearly all major medieval contexts.' * Times Literary Supplement *Dr Reynolds pits her formidable resources of learning, subtlety and not least common sense. Her...book sets out to show how it simply is not true that medieval society was organised or even envisaged in accordance with the feudal principles at any date until long after what historians regard as their heyday...she substitutes an alternative, more modulated and so inherently more plausible model of the history of the relationships in question...This, then, is a book whose intellectual courage is as stirring as its range is wide and its scholarship deep. * The Times Literary Supplement *Susan Reynolds gained our enduring respect in 1984 with her magisterial Kingdoms and Communities in Western Europe, 900-1300, and now with this work, her reputation will only be enhanced......Reynolds uncovers a plethora of items for further research that will keep scholars busy on important topics for a long time..... Those of us who have merely picked away at the feudal Middle Ages in our articles and books are immeasurably in her debt for this heroic effort. * Albion *Reynolds uncovers a plethora of items for further research that will keep scholars busy on important topics for a long time ... her contribution is massive and dominating in its breadth and depth. Those of us who have merely picked away at the feudal Middle Ages in our articles and books are immeasurably in her debt for this heroic effort. * Bernard S. Bachrach, University of Minnesota, Albion *Our champion is mightily armed: the learning and erudition that Dr Reynolds has at her disposal may be seen not just in the substantial bibliography but on every page of this long (and very attractively priced) book. * Roger Collins, University of Edinburgh, History *the reader's way is greatly eased by a lucid, engaging style that avoids jargon and any attempt at deconstructive methodology ... Undoubtedly it will form a watershed in our understanding of medieval society. * Richard Kay, University of Kansas, The Historian *The underlying thesis, sustained with verve and learning, is that much early medieval evidence has been given a misleading juridical coherence ... the book should make us far more sensitive both to vocabulary and to our own preconceptions. * Timothy Reuter, University of Southampton, Early Medieval Europe 1996 5(2) *

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Book SynopsisThe State is the most powerful of political ideas but where does it come from? This broad-ranging new study traces the history of the word and the concept back to the systems of law and justice created by medieval kings and shows how legal institutions acquired political force.Trade ReviewMedieval Law and the Foundations of the State is a substantial and scholarly study of medieval law, political theory, and political practice, which engages with a vast body of source material in very close argument in tracing the 'pre-theoretical understanding' (p.v) of the medieval state. * Medium Aevum *Table of Contents1. Introduction: State - Word and Concept ; 2. Frankish and Anglo-Saxon Justice ; 3. The Courts of Lords and Townsmen ; 4. The Spread of Organized Peace ; 5. The Judicial Systems of France and England ; 6. New High Courts and Reform of the Regime ; 7. The Legal Ordering of 'the State of the Realm' ; 8. The Monarchical State of the Later Middle Ages ; 9. From Law to Politics ; 10. Conclusion: Law and the State in History ; Bibliography

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Book SynopsisFood, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimuTrade ReviewSocial and economic rights are growing apace throughout the world. Anyone seeking a thoughtful and comprehensive overview of the different ways in which courts throughout the world are enforcing them could do no better than read this sharp-eyed and fluent book. * Albie Sachs *Katharine Young proposes an original theory about the development of economic and social rights, linking such development to their philosophical foundations, to their institutionalization in binding legal norms, and to their impacts in real life. It is an illuminating and well-informed account of how rights evolve, as a result of the tensions between these poles. This book is a breakthrough in scholarship on economic and social rights. * Olivier De Schutter, Former UN Special Rapporteur on the right to food (2008-2014), Member of the Committee on Economic, Social and Cultural Rights (2015-2018) *Young's work comes from a deeper sense of injustice with current world affairs and offers an imaginative and thought provoking account of the potential merits, and pitfalls, of rights based constitutionalism. * Jamie Burton, Public Law *A brilliant discussion of an extremely difficult subject of great importance to policy making and practical reasoning. Katharine Young's lucidity is exemplary, and so is the originality of her approach to human rights. * Amartya Sen, Nobel Prize winner in Economics and Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University *Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that their reservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and lively exposition. * William H. Simon, Arthur Levitt Professor of Law, Columbia Law School *Table of ContentsPART I: CONSTITUTING RIGHTS BY INTERPRETATION ; PART II: CONSTITUTING RIGHTS BY ENFORCEMENT ; PART III: CONSTITUTING RIGHTS BY CONTESTATION

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Book SynopsisContemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a ''government of the people, by the people and for the people'' is usually expressed through elections and electoral representation in parliaments.Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged ''democratic deficit'' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making.Trade Review"The strength of the book is in its detailed examination of what still largely remains at least from the perspective of deliberative theory a black box: the internal processes of constitutional courts. Mendes is more of a systematizer and presenter of taxonomies than a purveyor of simple answers. His language waxes metaphorical, even sometimes lyrical. By asking the questions he does, Mendes encourages us to probe the roles and possibilities of deliberation on multi-member courts." * Ron Levy, Brazilian Political Science Review *"Overall, the monograph provides a welcome insight into the omissions in wider challenges faced by scholarship concerning "good" constitutional courts in democracies. Given the diversity in both institutional set ups and legal cultures, future work in this area will require an empirical turn." * Hayley Hooper, Law Quarterly Review *Constitutional Courts and Deliberative Democracy is an inestimable contribution to explain what a 'forum of principle' or a 'dialogue' between powers entail and to provide a critical account of the ethical virtues, the facilitators, the legal constraints, and the political circumstances of judicial deliberation." * Thomas Bustamante , Modern Law Review *Table of ContentsINTRODUCTION

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Book SynopsisHighly respected and international contributors examine the development of democratic government in Latin America and Europe, and the role that world politics play in shaping it in this revised edition of a highly acclaimed volume.Trade ReviewReview from previous edition Whitehead gathers an impressive group of scholars to examine the range of ways international actors, institutions, structures, and norms have influenced democratization in Latin America and Southern Europe...important contribution. * - Katherine Hite. Political Science Quarterly. Summer 1998. *Table of ContentsI: COMPARATIVE ; II: THE AMERICAS ; III: EUROPE

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Book SynopsisCombining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia''s political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia''s federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia''s attempts to create - as its constitution states in the very first article - a ''Democratic, federal, rule-of-law state''Trade Review"Dr. Jeffrey Kahn's admirable and thoroughly researched study offers invaluable materials and insights on what has been transpiring in the world of Russian federalism (and beyond) from the earliest Soviet days to the present, with particular emphasis and depth on the post-Soviet decade." William E. Butler, Michigan Law Review"I have not seen a better account, or a more perceptive one, in any language." William E. Butler, Michigan Law Review"Kahn's study is the best and most thoughtful account available of the early experience." William E. Butler, Michigan Law ReviewTable of Contents1. Introduction ; 2. Federal Theory ; 3. Soviet 'Federalism' ; 4. Gorbachev's Federalism Problem ; 5. The Process of Federal Transition ; 6. Inter-Governmental Relations Under Yeltsin's New Federalism ; 7. Federal Effects on Transitions in Russia's Republics ; 8. The Federal Reforms of Vladimir Putin ; 9. Conclusion

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Book SynopsisNeil Brenner has in the past few years made a major impact on the ways in which we understand the changing political geographies of the modern state. Simultaneously analyzing the restructuring of urban governance and the transformation of national states under globalizing capitalism, ''New State Spaces'' is a mature and sophisticated analysis of broad interdisciplinary interest, making this a highly significant contribution to the subject.Trade ReviewThis book demonstrates Neil Brenner as a leading scholar of political geography; it thus represents a synopsis of his work through the past decade and helps the reader to get a hold on a difficult and sometimes flimsy debate. The book and its arguments around the rescaling of governmental spaces can only be strongly recommended. Neil Brenner has written a book that is difficult to ignore for all with an interest not only in current debate on government restructuring, but also for all who follow the ongoing discussion on the construction of a new Europe - a Europe of New state spaces. * Geografiska Annaler, 88B *Honourable Mention * Distinguished Contribution to Scholarship Book Award 2005, Political Sociology Section, American Sociological Association *For a long time, analysts of capitalism laid out their explanations as if space did not matter. Radical geographers, city planners, and students of popular politics then began complaining about the neglect of space, and setting concrete studies of urban change in the context of abstractly framed geographic theories. Neil Brenner takes the whole discussion a step farther, bringing together a knowledgeable critique and synthesis of previous thinking about 'state spaces,' important new ideas about regional policy under today's capitalism, and deeply documented comparisons of European regions. Students of political processes have much to learn from this book. * Charles Tilly, Joseph L. Buttenwieser Professor of Social Science, Columbia University *Neil Brenner brings together the cutting edges of the new economic and political geographies to produce a creatively transdisciplinary geopolitical economy of the territorial state and the re-scaling of the contemporary world. This is critically spatialized social science at its best: astutely comprehensive in its theoretical scope, pointedly insightful in its assessment of European planning practices, and richly empirical in its argument and analysis. The scales of accomplishment are enormous. * Edward W. Soja, Professor of Urban Planning, UCLA School of Public Policy and Social Research *Brenner brilliantly traces how urban governance has become one of the strategic sites for fundamental transformations of national statehood. The book takes us to analytic zones we did not know existed. Great and original. * Saskia Sassen, Author, Losing Control? Sovereignty in an Age of Globalization. *'intellectually rich and challenging. Brenner seamlessly moves between major intellectual traditions, confidently borrowing and recombining arguments and perspectives. The claims are sophisticated and certain to recast debates about the role of cities in the era of globalization. * Contemporary Sociology, 35.1, January 2006 *Table of ContentsPreface ; 1. Introduction: Cities, States, and the 'Explosion of Spaces' ; 2. The Globalization Debates: Opening up to New Spaces? ; 3. The State Spatial Process under Capitalism: A Framework for Analysis ; 4. Urban Governance and the Nationalization of State Space: Political Geographies of Spatial Keynesianism ; 5. Interlocality Competition as a State Project: Urban Locational Policy and the Rescaling of State Space ; 6. Alternative Rescaling Strategies and the Future of New State Spaces ; Bibliography ; Index

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Book SynopsisThrough a comparative analysis of England, the European Union, and the United States, this book considers legal responses to delegation of governmental power to private parties. Although private delegation has the potential to enhance the efficiency and effectiveness of governance, it should not be assumed to have this result. Private delegation creates risks to democracy, accountability, and human rights. Any legal controls must therefore respond to the challenge of enhancing the potential effectiveness of private delegation, while minimising the risks.The legal responses of the three jurisdictions to private delegation are categorised in a two-fold and functional way: responses which impose controls on the delegator of governmental power, and responses which impose controls on the private delegate of governmental power. The controls imposed by different legal disciplines such as constitutional law, administrative law, regulatory law, and private law are assessed.Three goals are pursuTrade ReviewThe author's aim of demonstrating the changes to the legal system necessitated by political changes in different countries and organisations is achieved by a meticulous analysis of cases in different areas of law in each of the case study areas...the study enriches the literatures of both public administration and governance as well as law. * Rory Shand, Political Studies Review *This is a marvellous analysis of an intricate and difficult area. * The Edinburgh Law Review, Volume 13, Issue 1 *Table of Contents1. Introduction ; PART I: DELEGATION IN CONTEXT ; 2. The Jurisdictional Context of Private Delegation ; 3. The Benefits and Challenges of Private Delegation ; PART II: CONTROLS ON DELEGATION ; 4. Constitutional Controls on Delegation ; 5. Legislative and Regulatory Controls on Delegation ; PART III: CONTROLS ON PRIVATE PARTIES ; 6. Human Rights Controls on the Delegate ; 7. Administrative Law Controls on the Delegate ; 8. Private Law Controls on the Delegate ; PART IV: COMPARISONS, LAW, AND DELEGATION ; 9. Conclusion

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Book SynopsisThe book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the ''constituent power'' - can do so without effectively surrendering that authority to the institutional sites of power ''constituted'' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as a critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituTable of ContentsINTRODUCTION ; 1. Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood ; A CONCEPTUAL HISTORY OF CONSTITUENT POWER ; 2. Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice ; 3. Constituent Power and Constitutional Change in American Constitutionalism ; 4. Constituent Power in France: The Revolution and its Consequences ; 5. 'We are (afraid of) the people': Constituent Power in German Constitutionalism ; 6. People and Elites in Republican Constitutions, Traditional and Modern ; THE ARTICULATION OF CONSTITUENT POWER: RIVAL CONCEPTIONS ; 7. The Politics of the Question of Constituent Power ; 8. Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State ; 9. Constitutionalism's Post-Modern Opening ; 10. Against Substitution: The Constitutional Thinking of Dissensus ; EXTENSION AND DIVERSIFICATION OF CONSTITUENT POWER ; 11. The Exercise of Constituent Power in Central and Eastern Europe ; 12. 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States ; 13. Post-Constituent Constitutionalism? The Case of the European Union ; 14. 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law ; 15. Constituent Power and the Pluralist Ethic ; 16. The Imperialism of Modern Constitutional Democracy

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Book SynopsisThe Origins of the English Parliament is a magisterial account of the evolution of parliament, from its earliest beginnings in the late Anglo-Saxon period. Starting with the national assemblies which began to meet in the reign of King Æthelstan, it carries the story through to the fully fledged parliament of lords and commons of the early fourteenth century, which came to be seen as representative of the whole nation and which eventually sanctioned the deposition of the king himself in 1327. Throughout, J. R. Maddicott emphasizes parliament''s evolution as a continuous process, underpinned by some important common themes. Over the four hundred years covered by the book the chief business of the assembly was always the discussion of national affairs, together with other matters central to the running of the state, such as legislation and justice. It was always a resolutely political body. But its development was also shaped by a series of unforeseen events and episodes. Chief among thesTrade ReviewOne of the masterpieces of historical writing of our time. * Nigel Saul, History Today *One of the most important recent books on English history...a magisterial account * Michael Wood, BBC History Magazine *Enormously impressive...a powerful and passionate piece of work * Keith Richmond, Government Gazette *J.R. Maddicott brings to his task a depth of analysis which is both rare and impressive. He argues his points by reference to a far wider range of sources than any of his predecessors. And he has a better understanding of the European context of English politics than any English writer on the subject since Maurice Powicke. * Jonathan Sumption, Literary Review *Its wide and profound scholarship has much to teach us about the roots and functions of an institution now subjected to so much unhistorical criticism. * Blair Worden, The Spectator *J.R. Maddicott has long been recognised as one of the outstanding historians of thirteenth- and fourteenth-century English political history... The Origins of the English Parliament 924-1327 will stand out as a notable text for parliamentary history. * Andrew Broertjes, LIMINA *thorough, compelling, and persuasive ... Maddicott makes a compelling case for English exceptionalism and in the process frames the terms in which the medieval parliament will be discussed and debated for generations. * Scott L. Waugh, English Historical Review *Table of Contents1. . Genesis: 'The Witan of the English People, c.920-1066 ; 2. Confluence: English Council, Feudal Counsel, 1066-1189 ; 3. Transformation: The Making of the Community of the Realm, 1189-1327 ; 4. Establishment: The First Age of Parliamentary Politics, 1227-58 ; 5. Consolidation: Parliament and Baronial Reform, 1258-72 ; 6. Expansion: Parliament and Nation, 1272-1327 ; 7. English Exceptionalism? The Peculiarities of the English Parliament. Conclusion ; Appendix: A List of Parliaments, 1235-57 ; Bibliography ; Index

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Book SynopsisThis third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book''s major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided.The book''s central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors'' aims mattTable of ContentsTable of Contents ; Preface ; Part I: General Themes ; Chapter 1: The Nature of Constitutions: Basic Questions about Their Interpretation ; Chapter 2: Multiple Interpretive Criteria ; Chapter 3: Original Understanding: What Is Relevant and How Much Does It Count? ; Chapter 4: Employing Multiple Standards ; Chapter 5: Neutral Principles or <"Objective>" Standards: Their Relevance and Attainability ; Part II: A Poignant Illustration ; Chapter 6: Cruel and Unusual Punishment ; Part III: Allocations of Powers ; Chapter 7: Federal Separation of Powers ; Chapter 8: Federal Powers ; Part IV: Individual Rights and Norms of Equality ; Chapter 9: Freedom of Speech and the Press ; Chapter 10: The Religion Clauses ; Chapter 11: Criminal Process: The Right to Counsel, Unreasonable Searches and Seizures, and the Privilege against Self-Incrimination ; Chapter 12: Equal Protection ; Conclusion

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Book SynopsisExamines the debates and developments about House of Lords reform since 1911, and notes that disagreements have occurred within, as well as between, the main political parties and governments throughout this time. It draws attention to how various proposals for reform have raised a wider range constitutional and political problems.Table of ContentsIntroduction Firing the First Shots: The 1911 Parliament Act and Inter-War Initiatives Labour Learns the Complexities of Lords Reform: The 1949 Parliament Act Pouring New Wine into the Old Bottle: The 1958 Life Peerages Act A Right of Renunciation: The 1963 Peerage Act Crossman Can't Convince his Colleagues: The 1969 Parliament (No.2) Bill 202 Out With the Hereditary Peers – or most of them: The 1999 House of Lords Act and Beyond Conclusion: A Constant Constitutional Conundrum

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Book SynopsisWhile it may be difficult to achieve and maintain stable democratic governments in countries with deep religious, ideological, linguistic, cultural, or ethnic cleavages, Lijphart argues that it is not at all impossible. Through the analysis of political systems in six continents, he demonstrates that what he calls consociational democracy can be successful in severely divided or plural societies. Here, once again, Arend Lijphart is directing our attention to matters which will surely engage much of the attention of students of comparative politics in the next decade. G. Bingham Powell, Jr., American Political Science ReviewA study which can speak to such a wide audience in political science deserves a warm welcome from the profession. Government and OppositionA copybook example of the comparative method of political analysis, as well as indispensable reading for all who have an interest in the nature and prospects of representative democracy, whether in Europe or beyond.The Times Hig

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Book SynopsisAn interpretation of Machiavelli's thought in which Parel looks at Machiavelli's belief in the occult forces of heaven and humours. He argues that a premodern cosmology and anthropology underlie Machiavelli's political works and shows how this astrological determination shapes Machiavelli's ideas.Table of ContentsNotes on the use of Machiavelli's texts; the astrological debate; heaven, history and politics; heaven, religion and politics; fortune; "Virtu"; humours; "The Prince"; "The Discourses"; humours and "Licenzia".

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Book SynopsisUnder the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

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Book SynopsisCompares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. In analysing the story of how parliamentary government emerged in Britain and how it crossed the Atlantic, this book illuminates a variety of constitutional issues, including the separation of powers, and the nature of representation.Trade Review"Josh Chafetz manages to combine scholarly care with an almost journalistic ability to write in an accessible fashion."—Nick Barber, Oxford University -- Nick Barber"A very distinguished work. Chafetz is beautifully clear and deals with an interesting problem concerning parliamentary government in Britain and America in a comparative manner. I do not know of any work which covers the ground in a similar way."—Vernon Bogdanor, Oxford University -- Vernon Bogdanor"This book heralds the arrival of an important new scholar in the fields of comparative constitutional law and legal history. Fitting a broad range of institutional details into a comprehensive and subtle theoretical framework, Chafetz shows how Congressional privileges in America and Parliamentary privileges in England sprang from common origins but then evolved along separate paths as a result of basic differences in the political ecosystems. An excellent chronicle of the evolution of legislative privileges from the parliamentary supremacy of England to the popular sovereignty in kingless America."—Akhil Amar, Yale Law School -- Akhil Amar“A thorough and well-researched treatment of an important and neglected topic. Chafetz’s historical overview on legislative privilege deserves to become a well-known point of reference.”—Adrian Vermeule, Professor of Law, Harvard Law School -- Adrian Vermeule

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisAMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST  “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We belie

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Book SynopsisA compilation of the essential works of Plato in  one paperback volume: The Republic, The  Symposium, Parmenides, Euthyphro, Apology,  Crito, and Phaedo.

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