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"Constitutional History"
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Assessing constitutional performance
\"From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, which apply across the board? Or is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, political scientists, empiricists, and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East, and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of 'constitutional success' play out differently in different contexts and provides examples of how \"success\" can be differently defined under different circumstances\"-- Provided by publisher.
Book
Conservative thought and American constitutionalism since the New Deal
An intellectual history of American conservativism since the New Deal.The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century.O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
eBook
The age of the democratic revolution
For the Western world, the period from 1760 to 1800 was the great revolutionary era in which the outlines of the modern democratic state came into being. Here for the first time in one volume is R. R. Palmer's magisterial account of this incendiary age. Palmer argues that the American, French, and Polish revolutions-and the movements for political change in Britain, Ireland, Holland, and elsewhere-were manifestations of similar political ideas, needs, and conflicts. Palmer traces the clash between an older form of society, marked by legalized social rank and hereditary or self-perpetuating elites, and a new form of society that placed a greater value on social mobility and legal equality.
Featuring a new foreword by David Armitage, this Princeton Classics edition ofThe Age of the Democratic Revolutionintroduces a new generation of readers to this enduring work of political history.
eBook
Founding moments in constitutionalism
\"Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape national law, influence surrounding countries, establish future power structures and reinforce political institutions established by the constitution. This edited collection brings together leading scholars to consider how much we know about the idea of a founding moment. Divided into three main parts, the first part on 'theory' explores founding moments as a concept. In approaching the phenomenon in a theoretical way, this part establishes some basic ideas that can lead to a general understanding of what exactly founding moments are. The second part focuses on 'history', the chapters take a distinctly historical approach to the idea of a founding moment, whether by closely reconsidering a founding moment in a regime or by engaging in a historical archival research. The third part, on 'application', looks at the founding moments of specific states. Many of these are cases which differ from the conventional model of founding moments\"-- Provided by publisher.
Book
Political Thought and the Origins of the American Presidency
This volume examines the political ideas behind the construction
of the presidency in the U.S. Constitution, as well as how these
ideas were implemented by the nation's early presidents. The
framers of the Constitution disagreed about the scope of the new
executive role they were creating, and this volume reveals the ways
the duties and power of the office developed contrary to many
expectations.
Here, leading scholars of the early republic examine principles
from European thought and culture that were key to establishing the
conceptual language and institutional parameters for the American
executive office. Unpacking the debates at the 1787 Constitutional
Convention, these essays describe how the Constitution left room
for the first presidents to set patterns of behavior and establish
a range of duties to make the office functional within a
governmental system of checks and balances. Contributors explore
how these presidents understood their positions and fleshed out
their full responsibilities according to the everyday operations
required to succeed.
As disputes continue to surround the limits of executive power
today, this volume helps identify and explain the circumstances in
which limits can be imposed on presidents who seem to dangerously
exceed the constitutional parameters of their office. Political
Thought and the Origins of the American Presidency
demonstrates that this distinctive, time-tested role developed from
a fraught, historically contingent, and contested process.
Contributors: Claire Rydell Arcenas | Lindsay
M. Chervinsky | François Furstenberg | Jonathan Gienapp | Daniel J.
Hulsebosch | Ben Lowe | Max Skjönsberg | Eric Slauter | Caroline
Winterer | Blair Worden | Rosemarie Zagarri
A volume in the Alan B. and Charna Larkin Series on the American
Presidency
eBook
American Constitutionalism Heard Round the World, 1776-1989
Winner of the 2010 Book Award from the New England Historical AssociationAmerican constitutionalism represents this country's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism - of which America was a part along with Britain and France - reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time.Historian George Athan Billias traces the spread of American constitutionalism - from Europe, Latin America, and the Caribbean region, to Asia and Africa - beginning chronologically with the American Revolution and the fateful \"shot heard round the world\" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
eBook
Making we the people : democratic constitutional founding in postwar Japan and South Korea
\"What does it mean to say that it is 'we the people' who 'ordain and establish' a constitution? Who are those sovereign people, and how can they do so? Interweaving history and theory, constitutional scholar Chaihark Hahm and political theorist Sung Ho Kim attempt to answer these perennial questions by revisiting the constitutional politics of postwar Japan and Korea. Together, these experiences demonstrate the infeasibility of the conventional assumption that there is a clearly bounded sovereign 'people' prior to constitution-making which may stand apart from both outside influence and troubled historical legacies. The authors argue that 'we the people' only emerges through a deeply transformative politics of constitutional founding and, as such, a democratic constitution and its putative author are mutually constitutive. Highly original and genuinely multidisciplinary, this book will be of interest to scholars of comparative constitutionalism as well as observers of ongoing constitutional debates in Japan and Korea\"-- Provided by publisher.
Book
The Magna Carta Manifesto
This remarkable book shines a fierce light on the current state of liberty and shows how longstanding restraints against tyranny—and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture—are being abridged. In providing a sweeping history of Magna Carta, the source of these protections since 1215, this powerful book demonstrates how these ancient rights are repeatedly laid aside when the greed of privatization, the lust for power, and the ambition of empire seize a state. Peter Linebaugh draws on primary sources to construct a wholly original history of the Great Charter and its scarcely-known companion, the Charter of the Forest, which was created at the same time to protect the subsistence rights of the poor.
eBook