The Principles Of Constitutionalism

Author by : N. W. Barber
Languange : en
Publisher by : Oxford University Press
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Description : In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.


The Principles Of Constitutionalism

Author by : Leonard Monteath Thompson
Languange : en
Publisher by : Unknown
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A V Dicey

Author by : Albert Venn Dicey
Languange : en
Publisher by : Peter Lang
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Description : Albert Venn Dicey (1835-1922) was elected to the Vinerian professorship of English Law in the University of Oxford in 1882. Dicey established himself as a great expert on constitutional history when in 1885 he published his Introduction to the Study of the Law of the Constitution, a major classic on the British constitutional system. Dicey's writings have achieved an almost canonical status, and his views are judged almost entirely on this volume. However Dicey developed his views further and extensively in a series of lectures he delivered in the late 1890s in which he focused his thoughts on the sovereignty of Parliament, the relationship between Parliament and the people, and the role of constitutional conventions. Dicey would not defend every detail of the British Constitution, but was quite prepared to consider certain constitutional innovations, such as the principle of referendum to give special status to Constitutional Acts, or that the House of Lords should have more representative legitimacy. Dicey also toyed with the idea of a Constitutional Convention as a basic form of protection for constitutional rules: he argued about constitutional safeguards to remedy the defects of the party system and recognised the adaptability of an unwritten constitution to changed circumstances. All these aspects of Dicey's thought are reflected in these lectures, published here for the first time.


Constitutionalism In Malawi 1994 2010

Author by : James Mbowe Nyondo
Languange : en
Publisher by : Unknown
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Description : The various independent chiefdoms that make up present day Malawi had a new constitution imposed over all of them by the British government without their consent. This new superimposed constitution was never really embraced by the various tribal groups. Its tenets were never internalised by the people and this lack of internalisation has continued to this day. The elite of the day decided which principles would govern the country. Successive elite groups in different periods of Malawi's history have imposed their brand of constitutionalism on a hapless people. They have dutifully put in writing the constitutional principles without intending to apply them. Malawi is a nation that embraced constitutionalism with one reason only, that is, to gain acceptance from its peers in the international community. Throughout its history from pre-colonial times to the present, the general population has never been involved in framing the principles which govern and shape the destiny of the nation. A small group of people has always decided what the constitution should contain. The dominant man of the moment (the big man) and his political party decide what constitutionalism is to be. They govern the country through patronage. The president and a small group around him use state resources to promote their agenda often at the expense of the constitution they swore to uphold. The political leaders do not differentiate between resources of the state, the private sector and their ruling party and they often use them to peddle influence to promote their programs that are sometimes in violation of the constitution. When the president donates' state resources to the poor communities, he tells them that he used his own money to buy the item he is donating, for example an ambulance, and nobody dares to contradict him. Only in financial matters has the nation demonstrated some marked commitment to the rule of law. The incentive for the government to comply with the law is much higher because about 80 percent of its capital budget is financed from external sources through donations, loans and grants from western nations. Government tends to take action against public officers who do not follow constitutionally laid down principles. Its commitment to the rule of law on social and political governance issues is not consistent. It appears to pick and choose which constitutional principles it will adhere to. In conclusion, it is difficult for Malawi to experience a government that adheres to the principles of constitutionalism because its widespread poverty helps entrench a system of patronage. This system has created a nation that tolerates serious abuses of its constitution. Transformative constitutionalism appears to offer the best hope for Malawi's future. The nation needs a judiciary that is more innovative and bold in interpreting, upholding and enforcing its own constitutional tenets. Only then will the nation be on a sound footing to realise the benefits of constitutionalism for its people.


The Principles Of Constitutionalism

Author by : N. W. Barber
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 275
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Description : In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.


The Foundations Of American Constitutionalism

Author by : Andrew Cunningham McLaughlin
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
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Description : McLaughlin, Andrew C. The Foundations of American Constitutionalism. New York: The New York University Press, 1932. vii, 176 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-227-1. Cloth. $65. * An historian with a legal background, McLaughlin [1861-1947] traces the principles of justice embodied by the United States Constitution to the influence of colonial New England political philosophy and Puritan practices and ideals of personal rights and limited government. A reprint of the Anson G. Phelps Lectures on Early American History delivered at New York University in 1932.


General Principles Of Law The Role Of The Judiciary

Author by : Laura Pineschi
Languange : en
Publisher by : Springer
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Description : This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.


Constitutions And Constitutionalism

Author by : William George Andrews
Languange : en
Publisher by : Unknown
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Description : Presents the constitutions of four major world powers (the major British constitutional documents; France, Germany, and Soviet Union's translated into English) within the framework of a theoretical discussion of constitutionalism and constitutions; accompanied by an original essay on constitutionalism.


Constitutionalism Under Stress

Author by : Uladzislau Belavusau
Languange : en
Publisher by : Oxford University Press
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Description : Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the work of eminent constitutional scholar Wojciech Sadurski. The book examines the current decline of liberal democracies and populist challenges to the rule of law in the region - events that Sadurski predicted early on in his writings about Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.


Constitutionalism And The Paradox Of Principles And Rules

Author by : Marcelo Neves
Languange : en
Publisher by : Oxford University Press
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Description : This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.


World Constitutionalism

Author by : Principal V. M. Salgaocar College of Law & Dean of Faculty of Law
Languange : en
Publisher by : Cambridge Scholars Publishing
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Description : Intellectual quest for World Order is as old as the history of mankind. Saints and sages, religious visionaries and philosophers from all great civilizations have left their valuable contributions on the peaceful sands of time. However much of this wealth has been obliterated by other events of history wherein power, might and grandeur were used as the instruments of exploitation by a section of human beings . Time has come to research on the past, and on its basis to analyze the present and visualize a future for a just world order. In World Constitutionalism, over two dozen scholars, academicians, administrators, and leaders of civil society have come together to pen their innovative ideas. It is an attempt to carry their vision over national barriers through the realms of Human Rights, Environmental Law, Feminist Justice, Global Democracy and so on . In the fast evolving twenty first century , World Constitutionalism is already exploding on the global scene in all fields of life , as human race finds enlightenment through information and networking revolution, technology development, and conscious spiritual awakening taking place from East to West. World Constitutionalism endeavours to foster scientific study of world governance as a multi disciplinary subject with an added flavour of law to give it special sanctity in the minds of the Peoples of the World. The book is an addition to the growing movement for World Unity that presently reechoes round the globe.


Comparative Constitutionalism

Author by : A.V. Dicey
Languange : en
Publisher by : Oxford University Press
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Description : This volume makes available the full text of Dicey's two sets of, largely unpublished, lectures on the comparative study of constitutions. It follows publishing schemes envisaged by Dicey and includes an detailed editorial introduction explaining Dicey's implications for constitutionalism in the UK and beyond.


Principles Of Constitutional Design

Author by : Donald S. Lutz
Languange : en
Publisher by : Cambridge University Press
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Description : This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.


African Constitutionalism And The Role Of Islam

Author by : Abdullahi Ahmed An-Na'im
Languange : en
Publisher by : University of Pennsylvania Press
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Description : Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.


Constitutionalism In Africa

Author by : Carla M. Zoethout
Languange : en
Publisher by : Unknown
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Constitutionalism Under Extreme Conditions

Author by : Richard Albert
Languange : en
Publisher by : Springer Nature
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Description : This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


Decentralization And Constitutionalism In Africa

Author by : Charles M. Fombad
Languange : en
Publisher by : Unknown
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Description : This edited collection explores how African governments have sought to decentralize power in order to enhance democratic governance. It offers a range of insightful case studies and makes a case for the usefulness of decentralization as a method of sharing power at all levels of society in Africa.


Constitutionalism Human Rights And Islam After The Arab Spring

Author by : Rainer Grote
Languange : en
Publisher by : Oxford University Press
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Description : Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.


Constitutionalism

Author by : Larry Alexander
Languange : en
Publisher by : Cambridge University Press
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Description : This specially commissioned volume examines the issue of constitutionalism.


Constitutionalism And Religion

Author by : Francois Venter
Languange : en
Publisher by : Edward Elgar Publishing
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Description : This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.


Constitutional Law Constitutionalism And Democracy

Author by : Nicholas Sunday
Languange : en
Publisher by : Unknown
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Description : Scholarly Research Paper from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, grade: -, - (CYPRUS INSTITUTE OF MARKETING), language: English, comment: Professor Sunday Nicholas is a career bureaucrat in the government of Uganda and a Professor at Islamic University in Uganda. He lectures in the Faculty of Management Studies, especially in the Department of Public Administration.He has wide experience in the teaching of management course and law for the students pursuing the course at both undergraduate and postgraduate level.He is a fellow of the American Academy of Financial Management. He has wide experience in both theory and practice of administration, management and legal matters, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science


Confucian Constitutionalism In East Asia

Author by : Bui Ngoc Son
Languange : en
Publisher by : Routledge
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Description : Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.


Constitutionalism

Author by : Merkaz ha-Yerushalmi le-ʻinyene tsibur u-medinah
Languange : en
Publisher by : University Press of America
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Description : In Israel today there is increasingly vigorous support for the framing of a constitution. At the same time there is almost no recognition that in forty years Israel has acquired an almost complete set of basic laws that form a constitution. The aims of this volume are threefold: to inform the Israeli public and the world as to what exists and consider what still is needed in the way of a constitution; to enter constitutionalism firmly on the Israeli public agenda; and to learn from the American experience. The author shows that Israel's constitution is more than anything else a modern adaptation of an ancient constitution. Contents: Israel and Models of Modern Constitutionalism; The Politics of Constitution-Making in the United States and Israel; Issues of Constitutional Design: Civil Rights and Liberties; Issues of Constitutional Design: Interjurisdictional Relations; The State of Constitutionalism in the United States and Israel: Where Do We Go from Here?^R Co-publised with the Jerusalem Center for Public Affairs.


Global Constitutionalism From European And East Asian Perspectives

Author by : Takao Suami
Languange : en
Publisher by : Cambridge University Press
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Description : Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.


Unwritten Constitutionalism

Author by : Edward Murray Willis
Languange : en
Publisher by : Unknown
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Description : A constitution is concerned with the legitimacy of public power. Liberal theories of political morality understand the legitimacy of a constitutional order in terms of those substantive values that inform representative democracy, the rule of law and fundamental human rights. The majority of modern nations seek to achieve these normatively desirable ends through reliance on a 'written' constitution. Such is the popularity of the written constitutional form that its key features - an authoritative commitment to substantive values, enforceable limits on public power, and formal entrenchment of the constitution - are the standards against which claims of constitutional legitimacy are measured internationally. New Zealand's constitution is premised on a distinctive form of constitutional settlement. It makes some use of constitutionally significant text, but does not rely on an entrenched, constitutive document in the same way as a written constitution. This distinction has important implications for theories of liberal constitutionalism. While New Zealand purports to practise constitutionally legitimate government, the usual standards used to assess such claims are closely associated with the written constitutional form. This thesis theorises the New Zealand constitution in a manner that takes seriously its unwritten structure. It contends that the contemporary dominance of the written constitutional form risks obscuring the distinctive ways in which unwritten constitutions respond to the challenges facing modern liberal democracies. Once these distinctive characteristics are understood from the point of view of their own constitutional context it is possible to recast liberal constitutionalism in a manner that is sensitive to, and more appropriate for, an unwritten constitutional framework. Unwritten constitutions are capable of constraining without limiting, promoting stability without formal entrenchment, and allowing for governments to make meaningful commitments in the absence of an authoritative statement of constitutional principle. In short, unwritten constitutions provide for constitutionalism without text. Accordingly, an unwritten constitution may make a serious claim to constitutional legitimacy, but that claim must be judged on its own terms. Rather than relying solely on theories of constitutional legitimacy associated with the written constitutional form, New Zealand's constitution establishes its legitimacy with reference to a distinctive but equally valid liberal model of 'unwritten constitutionalism'.


Not Written In Stone

Author by : Daniel J. Elazar
Languange : en
Publisher by : University of Ottawa Press
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Description : Using long-ignored constitutions of various Jewish organizations, this unique book uncovers the political history of Canadian Jewry since its beginning during the 1700s. Building on the premise that Jews, since time immemorial, have written down their values and ideologies, this study effectively demonstrates how these writings record the principles and values that motivated a community.


Constitutionalism And Democracy

Author by : Douglas Greenberg
Languange : en
Publisher by : Oxford University Press
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Description : The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.