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The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
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At its 52nd National Conference held in Polokwane from 16-20 December 2007, the African National Congress adopted a strongly-worded resolution calling for the transformation of the judiciary to be expedited. The judiciary has also recently attracted controversy due to the ongoing legal travails of ANC President, Jacob Zuma, and allegations regarding improper conduct on the part of Hlophe JP. This is therefore an opportune juncture to step back and consider the transformation of the judiciary over the past fifteen years of South Africa's constitutional democracy. The article commences with a brief discussion of the role of the judiciary under apartheid. In light of this, the following issues are discussed as components of judicial transformation: the process whereby judges are appointed; the need to change the attitudes of the judiciary; the need to foster greater judicial accountability; and the need for a more efficient judiciary. The conclusion reached is that post-apartheid South Africa has generally made impressive strides towards transforming its judiciary while respecting judicial independence and the separation of powers. However, recent legislative activity, resolutions and statements of the ANC and its alliance partners have not always heeded this approach. Judicial transformation must continue to be pursued but in a manner that is not counter-productive to the constitutional project as a whole.
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The six volumes of the German Constitutional Documents encompass more than 100 texts from Napoleonic times to the St. Paul's Church Constitution of 1849. They are published as part of the series entitled Constitutions of the World from the late 18th Century to the Middle of the 19th Century, a unique source edition that includes a complete collection of authentic historical constitutional texts for the period in question, all of which are annotated and indexed. Volume IV contains 26 constitutional documents for individual German states arranged in alphabetical and chronological order
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The book edition of Constitutions of the World from the late 18th Century to the middle of the 19th Century is the most complete and academically thorough collection of its kind. It contains constitutional documents from all over the world, written from 1776 to the end of the year 1849. This collection includes about 1,000 constitutions, human rights declarations, and draughts of constitutions that never came into force, from this period. These early constitutional documents were collected and examined in archives and libraries all over the world, as part of a project by the Deutsche Forschung
Constitutions --- Constitutional law --- Constitutional history --- Constitutions.
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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
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"This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership - where the Nordic countries have made different choices at different times - and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region."--Bloomsbury Publishing.
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Constitutional law --- Constitutions --- Peru.
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Between 1793 and 1853 Columbia underwent a transition from being the Spanish viceroyalty New Granada to the Gran Columbia of liberator president Simón Bolívar, and on to become one of the most liberal republics in the contemporary world. The Constitutional Documents of Colombia and Panama 1793-1853 presents the first declaration of human rights in Spanish from the year 1793, along with the first constitutional charter of Ibero-America (that of the Free State of Socorro from 1810), as well as the previously little-known early constitutions of the Antioquia Republic from 1811. The volume contains 32 national documents and 21 state document of Colombia and two documents of Panama. Zwischen 1793 und 1853 hat sich Kolumbien vom spanischen Vizekönigreich Neu Granada über die Republik Groß-Kolumbien des Befreier-Präsidenten Simón Bolívar in eine der liberalsten Republiken der damaligen Welt verwandelt. Die Verfassungsdokumente Kolumbiens und Panamas 1793-1853 präsentieren sowohl die erste Menschenrechtserklärung in spanischer Sprache aus dem Jahre 1793 als auch die erste Verfassungsurkunde Hispano-Amerikas, diejenige des Freistaates Socorro von 1810, sowie die bislang wenig bekannten frühen Verfassungen der Republik Antioquia von 1811. Der Band enthält 32 nationale und 21 einzelstaatliche Dokumente für Kolumbien sowie zwei Verfassungsdokumente Panamas.
Constitutions --- Constitutional law --- Constitutional history
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Il Decreto 6 aprile 1902, alla fine del periodo Qing, avviò in Cina un rinnovamento della legislazione, con l'invio di Shen Jiaben, noto giurista e storico del diritto, e Wu Tingfang in Inghilterra, Perù, Spagna e USA, a ""esaminare le leggi dei Paesi stranieri"": la Cina aveva deciso di aprirsi al dialogo con i grandi sistemi giuridici ed alla ricezione di quanto, di essi, avrebbe considerato buono. Ne scaturì l'orientamento a far proprio il sistema giuridico del diritto romano, come era già accaduto per il Giappone; fu promulgato il primo Codice civile cinese, in cui è riconoscibile un'atten
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