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Books on the topic 'Constitutional Drafting History'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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1

Jonge, Alice De. The Constitution of the Marshall Islands: Its drafting and current operation. Centre for South Pacific Studies, University of New South Wales, 1993.

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2

Schönlau, Justus. Drafting the EU Charter: Rights, legitimacy, and process. Palgrave Macmillan, 2005.

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3

Drafting the EU Charter: Rights, legitimacy and process. Palgrave Macmillan, 2005.

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4

Eck, Kristin. Drafting the Constitution: Weighing evidence to draw sound conclusions. Rosen Central, 2006.

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5

Alent'eva, Tat'yana, and Mariya Filimonova. The USA in Modern Times: Society, State and Law: Part 1: XVII-XVIII centuries. INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/992900.

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The textbook examines the processes of the emergence and development of English colonies in North America in the XVII-XVIII centuries, as well as the process of formation and formation of the young American state. Considerable attention is paid to socio-economic processes, the study of which makes it possible to more fully consider political and legal trends and features. The political structure of the colonies is described in detail, and the colonial charters are analyzed. The article covers the first North American revolution, analyzes the political programs and activities of the first American political groups and their leaders. The process of drafting and ratifying the Constitution of 1787 is considered in detail, its content and the political activities of the first American presidents are analyzed. A separate chapter is devoted to the development of law in the XVII-XVIII centuries. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is addressed to law students studying the history of state and law, as well as the constitutional law of foreign countries, historical students specializing in the study of US history, as well as students studying international relations, and anyone interested in history.
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6

Emergency presidential power: From the drafting of the Constitution to the War on Terror. The University of Wisconsin Press, 2013.

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7

E, Benton Wilbourn, and United States, eds. 1787: Drafting the U.S. Constitution. Texas A&M University Press, 1986.

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8

Benton, Wilbourn E. 1787: Drafting the U.S. Constitution (2 volume set). Texas A&M University Press, 1986.

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9

Editors, Charles River. The Constitutional Convention of 1787: The History and Legacy of the Drafting of the U.S. Constitution. CreateSpace Independent Publishing Platform, 2018.

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10

Editors, Charles River. The Constitutional Convention of 1787: The History and Legacy of the Drafting of the U.S. Constitution. CreateSpace Independent Publishing Platform, 2018.

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11

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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12

Drafting the Constitution: Weighing the Evidence to Draw Sound Conclusions (Critical Thinking in American History). Rosen Central, 2005.

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13

Sripati, Vijayashri. Constitution-Making under UN Auspices. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199498024.001.0001.

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As an 18<sup>th</sup> century ‘standard of civilization,’ the Western liberal constitution has since been integral to public international law and colonial trusteeship. This book is the first comprehensive treatment of the ostensible purposes why international organizations have internationalized this Constitution: from the League of Nations in Danzig, to the UN starting from Libya in 1949, and from 1989-2018, in more than forty poor states including most recently in Colombia and The Gambia. This pioneering study sets the Constitution’s internationalization via United Nations Constitutional Assistance (UNCA) at centre-stage. The Constitution’s salience makes its post-1989 rise via UNCA the most significant post-Cold War development, one which has spawned and shaped all other legal and political developments. For example, the internationalization of this Constitution (subsumed under the ‘rule of law’ label) drives the famed post-1989 rule of law movement, shaping all sectors from electoral, judicial, security, and parliamentary to international criminal and transitional justice. This Constitution’s internationalization is traced, from France’s drafting of Turkey’s 1856 monetary laws, British lawyer, Travis Twiss’ drafting of Congo’s 1885 constitution to the constitutional assistance offered by the League of Nations during the inter-war period and from 1949, by its successor, the United Nations and through a combined historical international constitutional framework, UNCA’s legitimacy is appraised. Through this new constitutional history of trusteeship, Sripati demonstrates that creating an equitable order requires considering seriously why sovereign states’ constitution-making is being internationalized. The book concludes by arguing that UNCA continues its trusteeship role. UNCA makes a new fiscally oriented addition to the ‘standards of civilization’: ‘transparent, inclusive and participatory’ constitution-making.
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14

Burma. Puṃ nhipʻ reʺ nhaṅʻʹ Cā ʼupʻ Thutʻ ve reʺ Lupʻ ṅanʻʺ., ред. Nuiṅʻ ṅaṃ toʻ phvaiʹ caññʻʺ puṃ ʼa khre khaṃ ʼupade reʺ chvai rā tvanʻ ʼa khre khaṃ ranʻ ʼa myuiʺ sāʺ ññī la khaṃ cuṃ ññī ʼa caññʻʺ ʼa veʺ myāʺ ka khya mhatʻ saññʻʹ ʼa khre khaṃ mū myāʺ nhaċʻʹ ʼa seʺ citʻ ʼa khre khaṃ ra maññʻʹ mū myāʺ =: Fundamental principles and detailed basic principles adopted by the National convention in drafting the State constitution. Pranʻ krāʺ reʺ Vanʻ krīʺ Ṭhāna, Puṃ nhipʻ reʺ nhaṅʻʹ Cā ʼupʻ Thutʻ ve reʺ Lupʻ ṅanʻʺ, 2007.

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15

Surya, Deva. Part VI Rights—Structure and Scope, Ch.35 Saving Clauses: the Ninth Schedule and Articles 31A–C. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0035.

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This chapter examines the drafting history, nature, scope, (mis)use, and relevance of the so-called ‘saving clauses’ of the Indian Constitution: Article 31A, Article 31B read with the Ninth Schedule, and Article 31C. They are designed to protect laws aimed at agrarian reforms or at implementing certain Directive Principles of State Policy (DPSPs) from a potential constitutional challenge on the ground of violating fundamental rights (FRs), andexceptionally allow certain laws to override FRs. This chapter offers an alternative reading of the saving clauses and discusses the Ninth Schedule, arguing that, despite being misused in the past, it might not be abused in the future, and that the Basic Structure doctrine is inappropriate to test the validity of laws inserted in the Ninth Schedule. It also suggests that the judiciary misconstrued their role with respect to the right to property as a FR, as well as the value of DPSPs relative to FRs.
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16

William E, Butler. International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.001.0001.

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This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.
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17

Ayyar, R. V. Vaidyanatha. The Early Years of Republic. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474943.003.0001.

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The chapter is a prologue to the main narrative of the book. It offers an evaluation of Macaulay’s minute which paved the way for introduction of modern education in India, the idea of National System Of Education which dominated Indian thinking on education for over sixty years from the Partition of Bengal (1905) to the Kothari Commission (1964), and the division of responsibility between the Central and Provincial Governments for educational development during British Raj. It offers a succinct account of the key recommendations of the landmark Sarjent Committee on Post-War Educational Development, the Radhakrishnan Commission on University Development, and the Mudaliar Commission on Secondary Education, of the drafting history of the provisions relating to education in the Constitution, the spectacular expansion of access after Independence, the evolution of regulatory policies and institutions like the University Grants Commission (UGC), and of the delicate compromise over language policy.
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