Constitutional Violence Legitimacy Democracy And Human Rights

Author: Antoni Abat i Ninet
Publisher: Edinburgh University Press
ISBN: 074867537X
Size: 12.95 MB
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If constitutional legitimacy is based on violence, what does this mean for democracy? Almost every state in the world has a written constitution and, for the great majority, the constitution is the law that controls the organs of the state. But is a constitution the best device to rule a country? Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Legal, political and constitutional practices demonstrate that constitutionalism and democracy seem to be irreconcilable. Antoni Abat i Ninet strives to resolve these apparently exclusive public and legal sovereignties, using their various avatars across the globe as case studies. He challenges the American constitutional experience that has dominated western constitutional thought as a quasi-religious doctrine. And he argues that human rights and democracy must strive to deactivate the 'invisible' but very real violence embedded in our seemingly sacrosanct constitutions.

The Negotiable Constitution

Author: Grégoire C. N. Webber
Publisher: Cambridge University Press
ISBN: 0521111234
Size: 27.53 MB
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Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.

Constitutional Democracy In A Multicultural And Globalised World

Author: Thomas Fleiner
Publisher: Springer Science & Business Media
ISBN: 3540764127
Size: 16.23 MB
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After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Fundamentalism In American Religion And Law

Author: David A. J. Richards
Publisher: Cambridge University Press
ISBN: 1139484133
Size: 73.84 MB
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Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Policing And Human Rights

Author: Julia Hornberger
Publisher: Routledge
ISBN: 1136746986
Size: 71.96 MB
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Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to ‘live up’ to international standards, has created a range of policing and human rights vernaculars – hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are – and are not – implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal ‘private’ policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.

The Promise Of Human Rights

Author: Jamie Mayerfeld
Publisher: University of Pennsylvania Press
ISBN: 0812248163
Size: 39.67 MB
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Jamie Mayerfeld defends international human rights law as a necessary extension of domestic checks and balances and therefore essential to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

Can Democracy Be Designed

Author: Sunil Bastian
Publisher: Zed Books
ISBN: 9781842771518
Size: 72.19 MB
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This book tackles the very difficult bundle of questions around how to (re)introduce democratic institutions into post-conflict societies.

Human Rights And Peace

Author: David P. Forsythe
Publisher: U of Nebraska Press
ISBN: 9780803268807
Size: 28.60 MB
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As our world becomes a truly global village through instantaneous media transmission of events, the relationship between human rights and peaceful international relations receives more and more attention. David P. Forsythe's book analyzes and discusses the dimensions of cover and overt human rights violations and how they militate against the establishment of democracies in the Third World.øPart One describes the paradox of internationally recognized human rights standards and international violence. Forsythe draws a crucial comparison between the lack of overt force between industrialized democracies and the use of covert force by certain democracies against some elected Third World governments.øPart Two deals with human rights and intrastate violence. A creative framework of analysis, centering on the concept of political legitimacy, is illustrated by case studies of Sri Lanka, Liberia, and Romania. Forsythe shows that, in different ways and in different situations, the violation of human rights standards can be correlated with political revolution.øHuman Rights and Peace evaluates critically the argument that human rights in general and democracy in particular contribute to peaceful international relations.

The Historical Dimensions Of Democracy And Human Rights In Zimbabwe Nationalism Democracy And Human Rights

Author: Ngwabi Bhebe
Publisher: University of Manitoba Press
ISBN: 9781779200013
Size: 37.24 MB
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Zimbabwean human rights historiography often assumes that pre- colonial African politics were democratic; whilst colonialism implies a total denial of human rights. It further assumes that Zimbabwean nationalism was in essence a human rights movement; and that the liberation struggle, which led to the overthrow of colonial oppression, reinstated both human rights and democracy. This, the second volume on the historical dimensions of human rights in Africa, reconsiders questions of nationalism, democracy and human rights. It asks why the first 'democratic revolution' was frustrated in Africa, despite the democratic dimensions of the early nationalist movements. It considers possible causes of the resulting post-independence authoritarianism in Zimbabwe as centralism, top-down modernisation, or 'development'; and it reviews the outcomes of a commandist state. Common themes running through the book are the ambiguities and antitheses which concepts of nationalism and democracy imply; and the delicate, but necessary balancing which discourse on majoritarian democracy and human rights is bound to produce. This in-depth historical analysis by some of Zimbabwe's leading intellectuals and academics sheds essential light on some of the conflicts, traumas and human rights dilemmas that the country is experiencing at present.