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Books on the topic 'Constitution-making process'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

(Fiji), Citizens' Constitutional Forum. Constitution-making and reform: Options for the process. Suva, Fiji: CItizen's Constitutional Forum, 2012.

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2

Skjelten, Synnøve. A people's constitution: Public participation in the South African constitution-making process. Midrand: Institute for Global Dialogue, 2006.

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3

A people's constitution: Public participation in the South African constitution-making process. Midrand: Institute for Global Dialogue, 2006.

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4

Child participation in the constitution making process: Children's consultations. Harare: Justice for Children Trust, 2010.

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5

Azarbaijani-Moghaddam, Sippi. Civil education for the constitution-making process: Technical lession learned. Kabul: Afghan Civil Society Forum, 2003.

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6

Zimbabwe. Ministry of Constitutional & Parliamentary Affairs. What about us?: Children's participation in the constitution-making process. Harare: Africa Community Publishing and Development Trust, 2010.

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7

Azarbaijani-Moghaddam, Sippi. Civil education for the constitution-making process: Technical lession learned. Kabul: Afghan Civil Society Forum, 2003.

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8

Popular democracy and the legitimacy of the constitution: Some reflections on Uganda's constitution-making process. Kampala, Uganda: Centre for Basic Research, 1993.

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9

Banda, Alick. The constitution making process in Zambia: What is the way forward? Ndola, Zambia: Mission Press, 2004.

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10

Selassie, Bereket H. The making of the Eritrean constitution: The dialectic of process and substance. Trenton, NJ: Red Sea Press, 2003.

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11

Power by design: Constitution-making in Nationalist China. Honolulu: University of Hawaiʻi Press, 1996.

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12

Ringing the equality bell: The role of women lawyers in promoting gender equality in Nepal : a report on the promotion of women in the legal profession and in the constitution making process. [Kathmandu]: Nepal Bar Association, in cooperation with the Canadian Bar Association, 2009.

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13

S, Wells Richard, ed. Constitutional law and judicial policy making. 3rd ed. New York: Longman, 1988.

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14

United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution. Appropriate role of foreign judgments in the interpretation of American law: Hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, on H. Res. 568, March 25, 2004. Washington: U.S. G.P.O., 2004.

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15

Mirosław, Wyrzykowski, and Instytut Spraw Publicznych (Warsaw, Poland). Centrum Konstytucjonalizmu i Kultury Prawnej., eds. Constitution-making process. Warsaw: Institute of Public Affairs, Center for Constitutionalism and Legal Culture, 1998.

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16

Klein, Claude, and András Sajó. Constitution-Making: Process and Substance. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0022.

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17

Claude, Klein, and Sajó András. Part III Process, Ch.20 Constitution-Making: Process and Substance. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199578610.003.0022.

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18

Sultany, Nimer. Revolutionary Constitution-making. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198768890.003.0009.

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This chapter argues that revolutionary constitution-making processes—like those in Egypt, Tunisia, and Libya—face profound legitimation challenges. It argues, first, that constitutional enactment does not necessarily signify a rupture from the old constitution (and hence revolutionary success). The revolution may fail (to produce a rupture) even if it succeeds (to enact a new constitution). Additionally, state continuity may be a necessary condition for successful constitution-making, but it is insufficient to secure a unified will during constitutional enactment and the process of institutionalizing revolutionary will. Finally, it argues that the theoretical requirement for inclusion and participation in legitimate constitution-making is not self-evident in practice as it has varying effects. Participation in constitution-making processes is controversial and contestable and does not guarantee either stability or normative acceptability.
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19

Negretto, Gabriel L. Constitution-Making in Comparative Perspective. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.66.

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Constitution-making has been a central political activity in the modern era. Enacting a new constitution was an essential ingredient in the foundation of republics, the creation of new states, the inauguration of democratic regimes, and the reequilibration of democracies during or after a political crisis. Constitution writing has also become a crucial part of the process of overcoming a legacy of violent internal conflict and a component of authoritarian regimes that seek to gain legitimacy by emulating the formalities of representative democracies. This article surveys the most important concepts and issues related to the comparative analysis of constitution-making. Although it draws examples from constitutions made in a wide variety of settings, special attention is paid to constitutional texts adopted or implemented under competitive conditions.
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20

Selassie, Bereket H. The Making of the Eritrean Constitution: The Dialectic of Process and Substance. Red Sea Press, 2002.

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21

Selassie, Bereket H. The Making of the Eritrean Constitution: The Dialectic of Process and Substance. Red Sea Press, 2003.

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22

Coan, Andrew. Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making. Harvard University Press, 2019.

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23

Coan, Andrew. Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making. Harvard University Press, 2019.

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24

Shaikh Humam, Hamoudi. Part 7 International Influences and Interactions, 7.4 Lessons from the Iraqi Constitution-making Process. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190627645.003.0044.

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25

Asem, Khalil. Part 5 Emerging Constitutions in Islamic Countries, 5.5 Constitution-Making and State-Building: Redefining the Palestinian Nation. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0031.

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This chapter examines constitution-building in Palestine. It discusses how constitutional and institutional anomalies contributed to the cracks among Palestinian factions, territories, and narratives in 2007, following Hamas control by force of occupied territory on the Gaza Strip. Since then, reference to the same Basic Law, often interpreted differently, was made to justify respective actions and decisions. Law was used—as often was the case in Palestinian modern history—to accommodate political objectives, causing damage to the process of state-building. However, the clash between Palestinian factions is not only about political objectives but also, this chapter argues, related to their national aspirations, objectives, and visions.
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26

Schmidt, Susanne K. The European Court of Justice and the Policy Process. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.001.0001.

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The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.
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27

Heinz, Klug. 6 South Africa: From Constitutional Promise to Social Transformation. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0007.

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South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven schedules, the constitution of South Africa also represents an attempt to constitutionalise all the hopes, fears, and conflicts of its democratic transition. This process is epitomised by the two-stage constitution-making process in which the conflicting parties first negotiated an ‘interim’ constitution and then, after democratic elections, empowered the new Parliament to sit as a constitutional assembly in order to produce a ‘final’ constitution. This chapter describes South Africa's constitution, the union and apartheid constitutions, democratic transition, constitutional principles, the 1993 interim constitution, regionalism and cooperative governance, rule of law and the Bill of Rights, amending procedures, Constitutional Court, sources of constitutional interpretation, constitution as statute, modes of interpretation, duty to develop the common law and customary law, internal directives for interpretation, problems of interpretation, certification and the problem of future constitutional amendments, and legal legacies and popular experience of the law.
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28

Robert F, Williams. Part V State Constitutional Amendment and Revision, 13 Amending and Revising State Constitutions. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0013.

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This chapter discusses the variety of mechanisms available to propose changes to state constitutions. Amendments or revisions of state constitutions can be accomplished through legislative proposal, constitutional convention proposal, constitutional commission proposal, and the initiative in states that permit it. In all states other than Delaware, the electors must approve changes to the state constitution. The chapter reviews the use of limited state constitutional conventions, and constitutional commissions. Constitutional revision processes in a variety of states during the 20th century are discussed, together with general lessons that can be derived from those experiences. The chapter describes difficulties faced in modern times with state constitutional amendment and revision, including popular distrust of constitutional conventions and other constitution-making processes. Several proposed improvements to the initiative process for state constitutional change also discussed.
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29

Nirvikar, Singh. Part V Federalism, Ch.29 Fiscal Federalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0029.

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This chapter examines the fiscal aspects of federalism as enshrined in the Indian Constitution. It gives an overview of the original structures of fiscal federalism in India, including assignments of spending and revenue and mechanisms and institutions for making transfers across different government levels. It reviews constitutional amendments that have occurred since the adoption of the Constitution, from changes in expenditure and revenue authorities to the creation of a tier of local governments. It also considers the process of amending the Constitution, with particular emphasis on the intellectual and political drivers of change, and proceeds with a discussion of how the various constitutional provisions and amendments have been implemented in practice. Finally, it looks at legal cases concerning the constitutionality of fiscal federalism in India at various times, paying attention to institutions governing intergovernmental transfers, the distinction between taxes and fees, and the scope of authority of different levels of government.
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30

Bisarya, Sumit, and Thibaut Noel. Constitutional Negotations: Dynamics, Deadlicks and Solutions. International Institute for Democracy and Electoral Assistance, 2021. http://dx.doi.org/10.31752/idea.2021.42.

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Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.
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31

Robert F, Williams. Part I State Constitutions in American Constitutional Federalism, 3 The Evolving American State Constitutions. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0003.

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This chapter discusses the broad outlines of the evolutionary paths of state constitutions after the adoption of the federal Constitution. State-specific, regional, and national influences were brought to bear on the amendment and revision of the original states' constitutions. The constitutions of new states admitted to the Union were subject to similar influences, but in addition, congressional and presidential influences were also exerted over the new states' constitutions. The chapter reviews the processes of admission for new states, including the use of enabling acts, and the influence of the federal constitution on state constitution-making, as well as that of Jacksonian Democracy, the Civil War and Reconstruction, the Progressive Movement, and the one-person-one-vote cases. The chapter analyzes the evolution of state constitutions from framework-oriented documents to serve, in addition, as policy-oriented documents. Throughout the evolution of state constitutions, the process of following examples or models from one state to another is described. All of these elements of evolution influence the judicial interpretation of current state constitutions.
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32

Hanna, Lerner. Part I History, Ch.4 The Indian Founding: a comparative perspective. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0004.

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This chapter examines the making of the Indian Constitution from a comparative perspective, with particular emphasis on some of the significant and innovative aspects of the drafting process. After discussing constitution drafting in the post-colonial/post-World War II period, it considers the debate in the Indian Constituent Assembly over what it means to be an Indian and how the Constitution should facilitate political unity in the face of immense cultural, religious, and national diversity. It then explores some of the innovative constitutional strategies developed by the Indian framers to reconcile the deep disagreements among the Indian public regarding the religious, national, and linguistic identity of the State with the principles of democracy. These strategies include constitutional incrementalism, the deferral of controversial decisions, ambiguity, and non-justiciability.
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33

Charles, Parkinson. 5 Ghana. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199231935.003.0005.

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When Ghana achieved independence on 6 March 1957, it was the first British territory in sub-Saharan Africa to be granted independence under African rule. For this reason, there was intense pressure to ensure that the transfer of power took place smoothly and the government of independent Ghana had a viable constitution. But the result was a rushed and haphazard constitution-making process as the Colonial Office struggled to develop coherent policies on decolonization against the backdrop of African nationalism. Although Ghana's independence constitution did not contain a bill of rights, the question of whether to include a bill of rights received sustained consideration. Ghana marked a turning point for Colonial Office attitudes on the value and subsequent use of bills of rights in independence constitutions. Most significantly, the Colonial Office decided that the political benefits of reconciling the minority groups to independence outweighed the legal detriments of having a bill of rights in an independence constitution.
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34

Bernal, Angélica Maria. The Promise and Perils of Presidential Refounding in Latin America. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190494223.003.0006.

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This chapter examines the politics of presidential refounding in Latin America. While the rise of Venezuela’s Hugo Chávez, Bolivia’s Evo Morales, and Ecuador’s Rafael Correa appeared to herald the return of radical populism in Latin America, what remained less examined is the wave of refoundational constitution making that these leaders set into motion. Shifting the lens of analysis from populism to refoundational constitution making, the chapter engages with the issue of how we can determine the democratic legitimacy of refoundational claims and constituent processes set into motion by these presidents, given their complex roles as key agents of refounding while also simultaneously appealing to “the people” and invoking participatory constitution making to authorize and enact such constituent change.
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35

Donald P, Kommers. 4 Germany: Balancing Rights and Duties. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0005.

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Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in influence and prestige around the world. So when the day of unity finally arrived in 1990, East and West Germany merged under the imprint of the Basic Law itself. Today, in both structure and substance, although frequently amended, it remains the constitutional text of reunited Germany. This chapter discusses the constitutive assembly of Germany, constituent power and reunification, general features of the Basic Law, supremacy of the constitution, constitutional structure, amending process, the Federal Constitutional Court, problems of constitutional interpretation, conception of the constitution, negative and positive rights, horizontality of rights, sources of interpretation, approaches to interpretation, the civil law tradition, and style of judicial decision-making.
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36

Elster, Jon. France before 1789. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691149813.001.0001.

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This book traces the historical origins of France's National Constituent Assembly of 1789, providing a vivid portrait of the ancien régime and its complex social system in the decades before the French Revolution. The book's author writes in the spirit of Alexis de Tocqueville, who described this tumultuous era with an eye toward individual and group psychology and the functioning of institutions. Whereas Tocqueville saw the old regime as a breeding ground for revolution, the author, more specifically, identifies the rural and urban conflicts that fueled the constitution-making process from 1789 to 1791. The book presents a new approach to history writing, one that supplements the historian's craft with the tools and insights of modern social science. It draws on important French and Anglo-American scholarship as well as a treasure trove of historical evidence from the period, such as the Memoirs of Saint-Simon, the letters of Madame de Sévigné, the journals of the lawyer Barbier and the bookseller Hardy, the Remonstrances of Malesherbes, and La Bruyère's maxims. The book is the first volume of a trilogy that promises to transform our understanding of constitution making in the eighteenth century.
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37

Anderson, George, and Sujit Choudhry, eds. Territory and Power in Constitutional Transitions. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836544.001.0001.

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This volume explores the full range of challenges that different kinds of territorial cleavages pose for Constitution-making processes and constitutional design. It provides seventeen case studies of countries going through periods of intense constitutional engagement in which the issue of how to deal with the politics of territory is important. It is unique in that its cases include the full gamut of types of territorial cleavages—small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. While the volume draws significant normative conclusions, it is based on a highly realist view of the implications not only of the territorial and other salient political cleavages in the country (the country’s “political geometry”) but also of the power-configurations that lead into periods of constitutional engagement, so that processes differ depending on whether the preceding politics has been peaceful or violent and whether a victor, military or political, has emerged or whether there is a stalemate or diffused political power. Its thematic chapters on Constitution-making processes and constitutional design, along with the final synthetic chapter, draw original conclusions from the comparative analysis of the case studies and relate these to the literature, both in political science and comparative constitutional law. There are clear lessons that should help practitioners in analyzing their own challenges in dealing with territorial cleavages as well as in considering possible approaches to constitution-making and constitutional design.
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38

Jones, Charles O. 1. Inventing the Presidency. Oxford University Press, 2013. http://dx.doi.org/10.1093/actrade/9780195307016.003.0001.

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The creative work involved in writing the Constitution of the United States in Philadelphia in 1787 has been interpreted and analysed in political and policy debate ever since. ‘Inventing the Presidency’ considers how the Founders of the United States tried to create unity in a separated system. Why was the title of president selected? What was the role of president going to look like? How long should the single executive serve? Should the person be term-limited? Providing a legislative or law-making role for the president was the subject of considerable debate at the beginning. Inventors solve problems: they tinker until they have a workable device. The creation of the presidency was a process of trial and error.
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39

Anne, Peters. Part IV Debates, Ch.48 Fragmentation and Constitutionalization. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0049.

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This chapter discusses fragmentation and constitutionalization—which are understood to be two trends in the evolution of international law. ‘Fragmentation’ has a negative connotation, and is used as a pejorative term (rather than diversity, specialization, or pluralism). ‘Constitutionalization’, in contrast, feeds on the positive ring of the concept of constitution. Both constitutionalization and fragmentation are terms that describe not only legal processes in the real world of law but are also labels for the accompanying discourses (mostly among academics, less so among judges, and even less so among political law-making actors). The putative trends so far do not have a clearly definable end-result, such as a completely fragmented international legal order on the one hand, or a world constitution on the other.
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40

Elangovan, Arvind. Norms and Politics. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199491445.001.0001.

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During the twilight of British rule in India, a little known civil servant, Sir Benegal Narsing Rau (1887–1953) was sought after by the ruling elites—both British and Indian—for his immense knowledge of the nature and working of the constitutions of the world as well as his reputation for being just and impartial between competing political interests. Yet, Rau’s ideas and his voice have largely been forgotten today. By examining Rau’s constitutional ideas and following their trajectory in late colonial Indian politics, this book shows how the process of the making of the Indian constitution was actually never separated from the politics of conflict that dominated this period. This book demonstrates that it is only by foregrounding this political history that we can simultaneously remember Rau’s critical contributions as well as understand why he was forgotten in the first place.
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41

Steiner, Eva. Law Reform. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0005.

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This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in government departments, and in particular the Ministry of Justice, whose function it is to deal with the organisation of the civil and criminal justice system. The role of supreme courts in reforming the law is also highlighted in the chapter.
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42

Gurukkal, Rajan. History and Theory of Knowledge Production. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199490363.001.0001.

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This book seeks to provide an introductory outline of the history and theory of knowledge production, notwithstanding the vastness of the subject. It is to try and do a history of intellectual formation or history of ideas. One can see it as a textbook of historical epistemology, which in spatio-temporal terms historicizes knowledge production and contextualizes methodological development. It addresses itself as the historical process of the social constitution of knowledge, that is, the social history of the making of knowledge. Its objective is to make researchers of knowledge knowledgeable about the significant elements that underlie the history of knowledge. These elements constitute contemporary compulsions that make, shape, and regulate knowledge. Understanding what they mean and how they work is essential to prepare researchers as self-consciously realistic about the socio-economic and cultural process of knowledge production. What forces engender knowledge, how certain forms of it acquire precedence over the rest, and why are questions examined. Who decides what knowledge means or what should be recognized as knowledge becomes important here. We confine the discussion of knowledge systems to the broad heads, namely, the non-European, specifically the Indian and the European. Examining the process of the rise of science and new science, the book ends up reviewing speculative thoughts and imagination about the dynamics of subatomic micro-universe as well as the mechanics of the galactic macro-universe.
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43

US GOVERNMENT. Appropriate Role of Foreign Judgments in the Interpretation of American Law: Hearing Before the Subcommittee on the Constitution of the Committee on t. Government Printing Office, 2004.

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44

Rainer, Grote, and Röder Tilmann J. Constitutionalism, Human Rights, and Islam after the Arab Spring. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190627645.001.0001.

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This book offers a comprehensive analysis of the impact that new and draft constitutions and amendments—such as those in Jordan, Morocco, Syria, Egypt, and Tunisia—have had on the transformative processes that drive constitutionalism in Arab countries. The authors aim to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offer an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world. In its analysis, this book also includes country-specific case studies on the relationship between Islam and the rule of law and human rights, within contemporary Islamic societies and offers an in-depth comparison of Arab Spring constitutionalism to the models of constitutionalism around the world.
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45

Sarotte, Mary Elise. Securing Building Permits. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691163710.003.0006.

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This chapter details how Helmut Kohl still had to secure building permits to start work even after the prefab model emerged as the winner among the models. Kohl particularly had to convince Gorbachev because he needed some form of permission from not only Moscow but also Warsaw to proceed with his plans for East Germany. Close cooperation between Kohl and the Bush administration ensued—which involved the chancellor and his aides making repeated trips to the States in spring and summer 1990, often just weeks apart—with the mission of finding ways to convince their NATO allies to make reform a reality in time to sway Gorbachev. In the second half of 1990, Kohl got the building permits that he needed to move the prefabricated structures that had served West Germany well—its alliance, constitution, currency, and market economy—eastward to replace the ruins of Eastern socialism.
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46

Corrales, Javier. Venezuela. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190868895.003.0005.

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This first case study offers more proof of the book’s argument for power asymmetry by controlling for country (while testing the argument across time). Three major constituent assemblies and an aborted case in Venezuela are compared. In all, the best predictor of resulting presidential powers is power asymmetry. Furthermore, this chapter draws on the Venezuelan experience to offer two additional insights about the politics of constitution-making. First, inclusionary processes are crucial for constitutional legitimacy. Second, refined measurements of inclusion are needed to determine the effects of power asymmetry on stability. It is important to measure not just how much the Incumbent wins in terms of formal presidential powers, but also whether the Opposition’s pivotal issues are accommodated. The Opposition can accept a high degree of presidentialism if some of its pivotal issues are accommodated. However, the Opposition will feel threatened if formal presidential powers expand and pivotal issues are rejected.
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47

Abreu, Andrea Vicente Toledo. Cinema e Memória em Cataguases: de Humberto Mauro ao Polo Audiovisual. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-307-7.

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This work articulates empirical and theoretical elements in the understanding of relational and intergenerational experiences of knowledge construction having as reference the tradition of studies that analyze the links between cinema and education. It was important to understand how a historical tradition of learning by and for cinema was configured in Cataguases / MG. The Cinema Cycle in Cataguases (1920s) had a significant impact on the constitution of the original bases of Brazilian cinema not only because it instituted a certain way of making cinema, but also because it created ways to bring together people from different origins, interests and perspectives around creation and dissemination of cinematographic works. Thus, it was possible to identify and analyze possible connections between experiences, memories and ways of transmitting knowledge generated by these people and the contemporary creation (2010) of an audiovisual production pole in the same city. The study sought to understand the structure of this Pole which took up the story of filmmaker Humberto Mauro to consolidate itself as a cultural experience; how the people who were / are in front of it seek the past to refer to a powerful cinema present; what were the conditions of possibility that caused the cinema to reappear in Cataguases almost 100 years later; and why there are concerns at the Pole in an attempt to build relationships with the school. The cataguasenses are heirs of the knowledge built in a process whose internal convergence is given by the cinema and continues configuring new knowledge and new ways of producing it.
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48

Valelly, Richard, Suzanne Mettler, and Robert Lieberman, eds. The Oxford Handbook of American Political Development. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199697915.001.0001.

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Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics – and thus they question stylized facts about America’s political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time – and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance?
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49

Renz, Ursula. The Constitution of Mental Content in the imaginatio. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199350162.003.0014.

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This chapter addresses Spinoza’s concept of the imagination. It first shows that, given the usage of the term imaginatio in the Ethics, Spinoza’s understanding departs from tradition by comprising both perceptions and fantasies under one single concept. Consistently, Spinoza’s treatment of the process referred to as imaginari accounts for both the realist underpinning of any cognition and the tendency of human thought to represent the external world in a distorted manner. Finally, it is argued that Spinoza’s views on the imagination are such as to enable cultural, historical, or—more generally—semantic influences to play a considerable role in the determination of our actual mental content. In sum, the chapter shows how Spinoza’s treatment of the cognitive processing of imaginative ideas contributes to making his realist rationalism a plausible option as it allows for genetic reconstructions of mental contents in great detail.
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Grimm, Dieter. The Constitution of European Democracy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.001.0001.

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Europe is in crisis. With rising unrest among citizens of European Union Member States exemplified by the UK’s decision to leave the European Union (EU), and the growing popularity of anti-EU political parties, this book presents the argument that Europe has to change its method of further integration or risks failure. The book asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by Member States. One popular remedy is the suggestion of ‘parliamentarization’ of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by the book as expanding the Parliament’s powers would not change the effects of over-constitutionalization as the Parliament is inferior to the constitution. In order to reduce the EU’s legitimacy deficit, the book makes several recommendations, including the re-politicization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having ‘Europeanized’ parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of Member States even if this affects the common market.
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