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Reconstituting The Constitution

Author: Caroline Morris
Publisher: Springer Science & Business Media
ISBN: 9783642215728
Size: 72.33 MB
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All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Reconstituting The State In Africa

Author: G. Kieh
Publisher: Springer
ISBN: 0230606946
Size: 22.80 MB
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Contributors to this volume highlight the failure and socio-economic and political problems of post-colonial African state and make constructive and convincing suggestions of how the problems can be addressed. They do not argue for the scrapping of the state but its reconstitution in ways that will enable it to be people's-oriented.

Indigenous Difference And The Constitution Of Canada

Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 9780802080493
Size: 48.10 MB
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There is a unique constitutional relationship between Aboriginal people and the Canadian state - a relationship that does not exist between other Canadians and the state. It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work. Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference. Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power. The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise. Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.

Making Sense Of The City

Author: Robert Bruce Fairbanks
Publisher: Ohio State University Press
ISBN: 9780814208816
Size: 67.46 MB
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Through an examination of such topics as city charters, city planning texts, neighborhood organizations, municipal recreation programs, urban government reforms, urban identity, and fair housing campaigns, the authors offer insight into the process through which ideas about the nature of the city have affected action in the urban environment."--BOOK JACKET.

Liberia S State Failure Collapse And Reconstitution

Author: George Klay Kieh Jr
Publisher: Africana Homestead Legacy Pb
ISBN: 0982584202
Size: 24.24 MB
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This detailed analysis, with an overview of theoretical models, presents Liberia's failure in state-building from its founding as a colony, through its development as a settler state, to its emergence as a sovereign commonwealth, and its evolution into a peripheral capitalist state. The author carefully evaluates internal and external factors that caused state failure and the state collapse and re-collapse marked by the country's two civil wars. The study concludes with a critical review of reconstitution in post-conflict years, under both transitional and elected administrations in the 1990s and the first decade of the 21st century.

The Making Of The Constitution Of Kenya

Author: Charles O. Oyaya
Publisher: Routledge
ISBN: 1317161734
Size: 64.36 MB
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Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.

The Constitution Of New South Wales

Author: Anne Twomey
Publisher: Federation Press
ISBN: 9781862875166
Size: 53.58 MB
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The Constitution of New South Wales provides for the first time a detailed analysis of all the provisions of the Constitution Act 1902 (NSW), including their legislative history and examples of their use. It covers the constitution, operation and interaction of the State legislature, executive and judiciary, as well as the relationship between the State and the Commonwealth in the federal system.Most importantly, it deals with all the issues necessary to determine the validity of State laws, including: the legislative power of the State Parliament; limitations on legislative power derived from different sources including express and implied limitations in the Commonwealth Constitution; the effectiveness of State manner and form constraints and the consequences of their breach; legislative procedure; and the technical rules concerning the passage of taxation and appropriation bills.Whilst the book uses the Constitution Act 1902 (NSW) as its focus, it addresses constitutional issues arising in all Australian States, such as parliamentary privilege, electoral law and disputes about the qualification and disqualification of Members of Parliament, money bills and parliamentary procedure. It deals with these issues from a State perspective, raising important distinctions that are not addressed in texts on Commonwealth constitutional law.The Constitution of New South Wales places the constitutional framework of the State in its historical and political context. Using previously unpublished government material, it provides a fundamental reassessment of the relationship between the States, the Commonwealth and the United Kingdom, and the first detailed analysis of the negotiation and application of the Australia Acts 1986, which now form a significant part of State constitutions. It explains how the Parliament, the Executive Council and the Cabinet operate in practice, rather than theory, and gives practical examples to illustrate the operation of constitutional provisions.This, the first and only comprehensive analysis of the New South Wales Constitution, is an essential addition to all legal, government and university libraries. A NSW Sesquicentenary of Responsible Government publication.

1812 Echoes

Author: Adam Sharman
Publisher: Cambridge Scholars Publishing
ISBN: 1443850837
Size: 58.35 MB
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This book commemorates the bicentenary of the landmark Spanish Constitution of 1812. Drafted by Spanish and colonial Spanish American liberals (and non-liberals) holed up in Cadiz as Napoleon’s troops occupied the surrounding hills, this war-time Constitution set out radically to redefine ‘the Spanish nation’ for a new age. In the event, it divided Spaniards and threw into sharp relief the question of Spain’s legitimacy in her American colonies. Cadiz 1812 is a defining moment in the modern history of the Spanish-speaking world. Bringing together specialists in the history, politics and culture of Spain and Latin America (the Cadiz text was a cultural and ethnic document as much as a politico-legal one), this volume represents the only large-scale commemoration in the UK of one of the world’s first liberal constitutional tracts. The point of the book, however, as of the conference and accompanying exhibition on which it is based, is not solely to reflect on the significance and repercussions of Cadiz 1812 on both sides of the Hispanic Atlantic at the time. The book also considers later interpretations of Cadiz 1812 and examines, in addition, other constitutions in the Spanish-speaking world beyond 1812. Subjects treated include: Spain’s crisis of absolutism; the Inquisition before the Constitution; liberalism and Catholicism; discourses of the 1812 Constitution; the question of sovereignty; political theatre during the Napoleonic invasion; Goya; the Spanish crisis in the British press; Lord Holland and Blanco White; Pérez Galdós’s Cádiz; futuristic literary representations of Spain’s nineteenth-century crisis; political and philosophical echoes in Latin America in the nineteenth and twentieth centuries – in Cúcuta, Mexico, Argentina and Cuba; and, finally, politico-philosophical echoes in Spain – in the Liberal Triennium, in the mid-nineteenth century, in the Spanish Second Republic, in 1978, and in 2011 in the midst of the financial (but it is also a constitutional) crisis. The volume includes a specially-conducted interview with Spanish politician Alfonso Guerra, one of the figures behind the Spanish Constitution of 1978.