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The Struggle for Constitutional Power

The Struggle for Constitutional Power PDF Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1139465112
Category : Law
Languages : en
Pages : 339

Book Description
For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

The Struggle for Constitutional Power

The Struggle for Constitutional Power PDF Author: Tamir Moustafa
Publisher: Cambridge University Press
ISBN: 1139465112
Category : Law
Languages : en
Pages : 339

Book Description
For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.

Justice Interrupted

Justice Interrupted PDF Author: Elizabeth F. Thompson
Publisher: Harvard University Press
ISBN: 0674076095
Category : History
Languages : en
Pages : 433

Book Description
The Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.

Constitutional Peril

Constitutional Peril PDF Author: Bruce Fein
Publisher: St. Martin's Press
ISBN: 1250087090
Category : Political Science
Languages : en
Pages : 256

Book Description
Renowned attorney and political critic Bruce Fein reveals the dangers our Constitution and our nation have faced courtesy of the Bush Administration and a Congress asleep at the switch. In blistering detail, he deconstructs the policies of Bush in the War on Terror--from the flouting of the Foreign Intelligence Surveillance Act to the crippling of the Great Writ of habeas corpus--and forecasts that the damage he's done is unlikely to be repaired quickly or easily. As Barack Obama takes office, there are questions that involve the very foundations of our government and the degrees to which they have been undermined, either actively or passively, by nearly everyone in power today. By exploring the constitutional crises of the past--from Lincoln and habeas corpus to Nixon and Watergate--Fein compellingly and presciently begins to answer those questions.

Presidential War Power

Presidential War Power PDF Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344

Book Description
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

The Struggle for Judicial Supremacy

The Struggle for Judicial Supremacy PDF Author: Robert H. Jackson
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 442

Book Description


Justice Interrupted

Justice Interrupted PDF Author: Elizabeth F. Thompson
Publisher: Harvard University Press
ISBN: 0674076192
Category : History
Languages : en
Pages : 397

Book Description
The Arab Spring uprisings of 2011 were often portrayed in the media as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law, a struggle obstructed by local elites as well as the interventions of foreign powers. Elizabeth F. Thompson uncovers the deep roots of liberal constitutionalism in the Middle East through the remarkable stories of those who fought against poverty, tyranny, and foreign rule. Fascinating, sometimes quixotic personalities come to light: Tanyus Shahin, the Lebanese blacksmith who founded a peasant republic in 1858; Halide Edib, the feminist novelist who played a prominent role in the 1908 Ottoman constitutional revolution; Ali Shariati, the history professor who helped ignite the 1979 Iranian Revolution; Wael Ghonim, the Google executive who rallied Egyptians to Tahrir Square in 2011, and many more. Their memoirs, speeches, and letters chart the complex lineage of political idealism, reform, and violence that informs today’s Middle East. Often depicted as inherently anti-democratic, Islam was integral to egalitarian movements that sought to correct imbalances of power and wealth wrought by the modern global economy—and by global war. Motivated by a memory of betrayal at the hands of the Great Powers after World War I and in the Cold War, today’s progressives assert a local tradition of liberal constitutionalism that has often been stifled but never extinguished.

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers PDF Author: M. J. C. Vile
Publisher:
ISBN: 9780865971752
Category : History
Languages : en
Pages : 0

Book Description
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil PDF Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300

Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Entrenchment

Entrenchment PDF Author: Paul Starr
Publisher: Yale University Press
ISBN: 0300244827
Category : Political Science
Languages : en
Pages : 298

Book Description
An investigation into the foundations of democratic societies and the ongoing struggle over the power of concentrated wealth Much of our politics today, Paul Starr writes, is a struggle over entrenchment—efforts to bring about change in ways that opponents will find difficult to undo. That is why the stakes of contemporary politics are so high. In this wide-ranging book, Starr examines how changes at the foundations of society become hard to reverse—yet sometimes are overturned. Overcoming aristocratic power was the formative problem for eighteenth-century revolutions. Overcoming slavery was the central problem for early American democracy. Controlling the power of concentrated wealth has been an ongoing struggle in the world’s capitalist democracies. The battles continue today in the troubled democracies of our time, with the rise of both oligarchy and populist nationalism and the danger that illiberal forces will entrench themselves in power. Entrenchment raises fundamental questions about the origins of our institutions and urgent questions about the future.

The Struggle for Judicial Supremacy

The Struggle for Judicial Supremacy PDF Author: Robert Houghwout Jackson
Publisher: Octagon Press, Limited
ISBN: 9780374941307
Category : Constitutional law
Languages : en
Pages : 361

Book Description