Consequential Courts

Author: Diana Kapiszewski
Publisher: Cambridge University Press
ISBN: 1107026539
Size: 49.69 MB
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Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Constitution Making In Asia

Author: H. Kumarasingham
Publisher: Routledge
ISBN: 1317245105
Size: 68.70 MB
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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

Transnational Legal Ordering And State Change

Author: Gregory C. Shaffer
Publisher: Cambridge University Press
ISBN: 1107026113
Size: 30.53 MB
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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.

Warlords Strongman Governors And The State In Afghanistan

Author: Dipali Mukhopadhyay
Publisher: Cambridge University Press
ISBN: 110772919X
Size: 29.85 MB
Format: PDF, Mobi
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Warlords have come to represent enemies of peace, security, and 'good governance' in the collective intellectual imagination. This book asserts that not all warlords are created equal. Under certain conditions, some become effective governors on behalf of the state. This provocative argument is based on extensive fieldwork in Afghanistan, where Mukhopadhyay examined warlord-governors who have served as valuable exponents of the Karzai regime in its struggle to assert control over key segments of the countryside. She explores the complex ecosystems that came to constitute provincial political life after 2001 and exposes the rise of 'strongman' governance in two provinces. While this brand of governance falls far short of international expectations, its emergence reflects the reassertion of the Afghan state in material and symbolic terms that deserve our attention. This book pushes past canonical views of warlordism and state building to consider the logic of the weak state as it has arisen in challenging, conflict-ridden societies like Afghanistan.

Colonialism And Postcolonial Development

Author: James Mahoney
Publisher: Cambridge University Press
ISBN: 1139483889
Size: 21.79 MB
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In this comparative-historical analysis of Spanish America, Mahoney offers a new theory of colonialism and postcolonial development. He explores why certain kinds of societies are subject to certain kinds of colonialism and why these forms of colonialism give rise to countries with differing levels of economic prosperity and social well-being. Mahoney contends that differences in the extent of colonialism are best explained by the potentially evolving fit between the institutions of the colonizing nation and those of the colonized society. Moreover, he shows how institutions forged under colonialism bring countries to relative levels of development that may prove remarkably enduring in the postcolonial period. The argument is sure to stir discussion and debate, both among experts on Spanish America who believe that development is not tightly bound by the colonial past, and among scholars of colonialism who suggest that the institutional identity of the colonizing nation is of little consequence.

Fighting For Political Freedom

Author: Terence C Halliday
Publisher: Bloomsbury Publishing
ISBN: 1847314023
Size: 29.89 MB
Format: PDF
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Across the world political liberalism is being fought for, consolidated and defended. That is the case for nations that have never enjoyed a liberal political society, for nations that have advanced towards and then retreated from political liberalism, for nations that have recently shifted from authoritarian to liberal political systems, and for mature democracies facing terrorism and domestic conflict. This book tests for the contemporary world the proposition that lawyers are active agents in the construction of liberal political regimes. It examines the efficacy of a framework that postulates that legal professions not only orient themselves to a market for their services but can frequently be seen in the forefront of actors seeking to institutionalise political liberalism. On the basis of some 16 case studies from across the world, the authors present a theoretical link between lawyers and political liberalism having wide-ranging application over radically diverse situations in Asia and the Middle East, North and South America, and Europe. They argue that it is not the politics of lawyers alone but the politics of a 'legal complex' of legally trained occupations, centred on lawyers and judges, that drives advances or retreats from political liberalism, that political liberalism itself is everywhere in play, in countries with established democracies and those without liberal politics and that it is now clear that the legal arena is a central field of struggle over the shape of political power. The case studies presented here provide powerful evidence that the nexus of bar and bench in transitions towards or away from political liberalism is a force which has universal application.

Empire And Modern Political Thought

Author: Sankar Muthu
Publisher: Cambridge University Press
ISBN: 1139576593
Size: 46.55 MB
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This collection of original essays by leading historians of political thought examines modern European thinkers' writings about conquest, colonization and empire. The creation of vast transcontinental empires and imperial trading networks played a key role in the development of modern European political thought. The rise of modern empires raised fundamental questions about virtually the entire contested set of concepts that lay at the heart of modern political philosophy, such as property, sovereignty, international justice, war, trade, rights, transnational duties, civilization and progress. From Renaissance republican writings about conquest and liberty to sixteenth-century writings about the Spanish conquest of the Americas through Enlightenment perspectives about conquest and global commerce and nineteenth-century writings about imperial activities both within and outside of Europe, these essays survey the central moral and political questions occasioned by the development of overseas empires and European encounters with the non-European world among theologians, historians, philosophers, diplomats and merchants.

Political Order In Changing Societies

Author: Samuel P. Huntington
Publisher: Yale University Press
ISBN: 9780300116205
Size: 48.76 MB
Format: PDF
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This now classic examination of the development of viable political institutions in emerging nations is an enduring contribution to modern political analysis. The foreword by Fukuyama assesses Huntingdon's achievement.