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The failure of popular constitution making in Turkey : regressing towards constitutional autocracy
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ISBN: 1108698743 1108596452 1108497624 1108755836 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unfavorable conditions, constitution making that brings together different stakeholders can potentially lead to significant improvement of constitutional regimes. Long-standing societal divides regarding cultural and religious diversity, which were evident in political parties' negotiations, played a significant role in the failure of the process in Turkey. Most notably, the ruling AKP's insistence on establishing a presidential system - supported by neither other political parties nor the public - destabilized the process and exacerbated distrust among the drafters. Unfavorable procedures, particularly an unrealistic deadline and the unanimity principle, prevented consensus and allowed the AKP to hijack the process. The process was a missed opportunity for democratization before Turkey plunged into full-fledged democratic backsliding.


Book
The failure of popular constitution making in Turkey : regressing towards constitutional autocracy
Authors: ---
Year: 2020 Publisher: Cambridge : Cambridge University Press,

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Abstract

This book offers an in-depth account of the failure of popular constitution making in Turkey from 2011 to 2013, which was an anomaly in the otherwise authoritarian history of Turkish constitutional politics. The authors demonstrate that, even in unfavorable conditions, constitution making that brings together different stakeholders can potentially lead to significant improvement of constitutional regimes. Long-standing societal divides regarding cultural and religious diversity, which were evident in political parties' negotiations, played a significant role in the failure of the process in Turkey. Most notably, the ruling AKP's insistence on establishing a presidential system - supported by neither other political parties nor the public - destabilized the process and exacerbated distrust among the drafters. Unfavorable procedures, particularly an unrealistic deadline and the unanimity principle, prevented consensus and allowed the AKP to hijack the process. The process was a missed opportunity for democratization before Turkey plunged into full-fledged democratic backsliding.


Book
History of Chinese constitutional theory
Authors: --- ---
Year: 2020 Publisher: New York, New York : WIlliam S. Hein & Co., Inc.,

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"This book discusses the historical process of constitutional science as a discipline that has established a foothold in China and is divided into two parts. The first part covers the evolution of the Chinese constitutional theory and introduces the history of centuries of development from the late Qing Dynasty and the early Republic of China to this day. The second part shows the evolution of the basic categories of Chinese constitutional theory and explores the introduction and development of some basic categories in the Constitution, such as 'human rights,' 'constitution,' 'constitutionalism,' 'local autonomy,' 'republic' and so on".


Book
Constitutional foundings in South Asia
Authors: ---
ISBN: 1509930272 9781509930289 1509930264 1509930280 Year: 2020 Publisher: Oxford, UK ; [London, England] : Hart Publishing, an imprint of Bloomsbury Publishing, Bloomsbury Publishing,

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"This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the following constitutions: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations, it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region"--


Book
History of Chinese constitutional theory
Authors: --- ---
Year: 2020 Publisher: New York, New York : WIlliam S. Hein & Co., Inc.,

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Abstract

"This book discusses the historical process of constitutional science as a discipline that has established a foothold in China and is divided into two parts. The first part covers the evolution of the Chinese constitutional theory and introduces the history of centuries of development from the late Qing Dynasty and the early Republic of China to this day. The second part shows the evolution of the basic categories of Chinese constitutional theory and explores the introduction and development of some basic categories in the Constitution, such as 'human rights,' 'constitution,' 'constitutionalism,' 'local autonomy,' 'republic' and so on".


Book
Textes constitutionnels français
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ISBN: 2715404778 9782715404779 Year: 2020 Publisher: Paris: PUF,

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Mettre à la disposition d'un large public d'étudiants ou d'amateurs les textes constitutionnels majeurs, de la déclaration de 1789 à la Constitution de 1958, tel est le propos de ce recueil parfaitement à jour des dernières révisions constitutionnelles et de leurs divers prolongements légaux. Il sera ainsi tout aussi utile à l'historien qu'au juriste, au monde de ceux qui fréquentent les Ecoles et les Universités qu'aux citoyens désireux de nourrir leur réflexion institutionnelle ou de réfléchir aux grandes étapes de l'exception constitutionnelle française.


Book
Seven absolute rights : recovering the historical foundations of Canada's rule of law
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ISBN: 0228002222 9780228002239 0228002230 9780228002222 0228000785 9780228000785 Year: 2020 Publisher: Montreal : McGill-Queen's University Press,

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For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.


Book
The constitution of Pakistan : a contextual analysis
Author:
ISBN: 1509995420 1509919139 1509919120 9781509919123 9781849465861 Year: 2020 Publisher: London, England : London, England : Hart Publishing, Bloomsbury Publishing,

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This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests - economic, political and cultural - through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.--


Book
La doctrine constitutionnelle sous la IVe République : naissance d'une nouvelle génération de constitutionnalistes
Authors: --- ---
ISBN: 2247200230 Year: 2020 Publisher: DALLOZ

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Book
Constitutional change in the contemporary socialist world
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ISBN: 0192592025 0191885967 Year: 2020 Publisher: Oxford, England ; New York, New York : Oxford University Press,

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After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world - China, Cuba, Laos, North Korea, and Vietnam - which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades.0The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of0the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed.0Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

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