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Books on the topic 'Drafting Constitution'

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Published: 4 June 2021
Last updated: 1 February 2022

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1

Coffey, Donal K. Drafting the Irish Constitution, 1935–1937. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3.

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(Organization), COPAC. The road to the new constitution. Harare: Constitution Parliamentary Select Committee, 2013.

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3

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

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4

Mollison, Charles S. Drafting a new constitution for Australia: A grass roots approach. Woombye, Qld: Foundation for National Renewal, 2009.

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5

Drafting a constitution for a nation or republic emerging into freedom. 2nd ed. Fairfax, Va: George Mason University Press, 1994.

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6

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

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7

Drafting a constitution for a nation or republic emerging into freedom. Fairfax, Va: Published by the Locke Institute in cooperation with the Institute for Humane Studies, 1992.

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8

Oriani Ambrosini, Mario G. R. and Aliferis Paul, eds. Framing the modern constitution: A checklist. Littleton, Colo: F.B. Rothman, 1993.

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9

Alf, Ross. Constitution of the United Nations: Analysis of structure and function. Clark, NJ: Lawbook Exchange, 2008.

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10

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

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11

pháp, Vietnam Quốc hội Ủy ban sửa đổi hiến. Dự thảo sửa đổi hiến pháp 1980. [Hanoi]: Quốc hội khoá VIII, Ủy ban sửa đổi hiến pháp, 1991.

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12

Alent'eva, Tat'yana, and Mariya Filimonova. The USA in Modern Times: Society, State and Law: Part 1: XVII-XVIII centuries. ru: 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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dân, Hanoi (Vietnam) Ủy ban nhân. Tài liệu phục vụ việc tổ chức lấy ý kiến nhân dân thủ đô Hà Nội về dự thảo sửa đổi hiến pháp năm 1992. Hà Nội: Nhà xuất bản Hà Nội, 2013.

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14

Soehino. Hukum tata negara: Hukum perundang-undangan : perkembangan pengaturan mengenai tata cara pembentukan perundang-undangan, baik tingkat pusat maupun daerah. Bulaksumur, Yogyakarta: Fakultas Ekonomi UGM, 2007.

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15

Indonesia and Indonesia, eds. Hukum tata negara. 2nd ed. Yogyakarta: BPFE Yogyakarta, 2004.

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16

Soehino. Hukum tatanegara: Sifat serta tata cara perubahan Undang-Undang Dasar Negara Republik Indonesia 1945 : hasil penelitian mandiri tentang sifat serta tata cara perubahan Undang-Undang Dasar Negara Republik Indonesia 1945. Yogyakarta: Liberty, 1985.

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17

Schönlau, Justus. Drafting the EU Charter: Rights, legitimacy, and process. Houndmills, Basingstoke, Hampshire ; New York: Palgrave Macmillan, 2005.

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18

Drafting the EU Charter: Rights, legitimacy and process. Basingstoke [UK]: Palgrave Macmillan, 2005.

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19

ʻUwannō, Bawō̜nsak. Saphā Rāng Ratthathammanūn prīapthīap: Prasopkān tāngprathēt læ Prathēt Thai. Krung Thēp: Sathāban Phra Pokklao, 2012.

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20

Kenya. Commission on Revenue Allocation. Constitutional and legislative policy instructing the drafting of county revenue laws in Kenya. Nairobi: Commission on Revenue Allocation, 2015.

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21

Xianggang ji ben fa qi cao guo cheng gai lan. Xianggang: San lian shu dian (Xianggang) you xian gong si, 2012.

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22

1952-, Subardjo, ed. Kontroversi undang-undang tanpa pengesahan presiden. Yogyakarta: UII Press, 2006.

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23

Lord, Morris of Borth y. Gest Seminar (2001 Cardiff Wales). The Law making powers of the National Assembly for Wales: Conference report and papers from a seminar held on 19 January 2001 at the Temple of Peace, Cardiff. [Cardiff]: Elements of the Law, 2001.

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24

The politics of lawmaking in post-Mao China: Institutions, processes, and democratic prospects. Oxford: Clarendon Press, 1999.

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25

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

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26

Cahillane, Laura. Drafting the Irish Free State Constitution. Manchester University Press, 2016.

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27

Cahillane, Laura. Drafting the Irish Free State Constitution. Manchester University Press, 2016.

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28

Cahillane, Laura. Drafting the Irish Free State Constitution. Manchester University Press, 2016.

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29

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 18th 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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30

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

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31

Feisal Amin Rasoul, al-Istrabadi. Part 5 Emerging Constitutions in Islamic Countries, 5.7 Islam and the State in Iraq: The Post-2003 Constitutions. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0033.

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The post-2003 period in Iraq saw the drafting of two constitutions in rapid succession. An interim constitution was drafted in 2003–2004 and a permanent constitution in 2005. Liberal-secularists were largely ascendant during the drafting of the interim constitution, while the Shīʻī religious parties, in alliance with the Kurdish coalition, dominated the drafting of the permanent constitution. This chapter analyzes the very different philosophical approaches of the two documents by focusing on their differing treatments of the role of Islam and, ultimately, Islamic law, the Sharīʻah. The chapter is organized as follows. Section II presents a digest of the formal constitutional relationship between the State and Islam. Section III analyzes the different approaches of the two post-2003 constitutions to the judiciary, noting especially their different approaches to personal-status laws. Section IV focuses on the 2004 and 2006 constitutions and their respective treatments of civil rights.
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32

Coffey, Donal K. Drafting the Irish Constitution, 1935–1937: Transnational Influences in Interwar Europe. Palgrave Macmillan, 2018.

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33

Coffey, Donal K. Drafting the Irish Constitution, 1935–1937: Transnational Influences in Interwar Europe. Palgrave Macmillan, 2019.

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34

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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35

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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36

Ambrosini, Mario G. R. Oriani, Paul Aliferis, and Albert P. Blaustein. Framing the Modern Constitution: A Checklist. Fred B. Rothman & Company, 1994.

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37

1939-, Tzang Yawnghwe Chao, and Sakhong Lian H, eds. The fourth initial draft of the future Chinland constitution: A model for state constitutions drafting process in Burma. Chiang Mai, Thailand: United Nationalities League for Democrecy, Thailand, 2003.

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38

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

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39

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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40

Zaid, Al-Ali. Part 5 Emerging Constitutions in Islamic Countries, 5.8 Constitutional Legitimacy in Iraq: What Role Local Context? Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0034.

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This chapter explores how it can be that, despite the attention of international institutions and experts in a particular constitutional process, and despite the application of international norms relating to democratic processes and fundamental rights, a constitutional process can give rise to a text that is incapable of achieving acceptance within the relevant country's borders. It argues that local context is the most important factor that should be considered if a constitution is to have any chance of acquiring some form of internal legitimacy in the future. The chapter begins by defining constitutional legitimacy and by arguing that although the 2006 Constitution has been endorsed by the international community, it was essentially dead on arrival in Iraq. It presents two case studies, to explain how this situation was brought about. The first shows how the drafters' lack of understanding of Iraq's institutional context led to the collapse of its system of parliamentary oversight under the 2006 Constitution, while the second shows how the constitutional drafters (and the internationals who advised and guided the constitutional process) had misjudged the relative popularity of the parties that were allowed to control the drafting process and that dictated the final text's content. Finally, the chapter attempts define the meaning of “local context” and identify its different components, particularly with a view to encouraging greater attention and understanding of local considerations and interests by all parties involved in a constitutional process in the future.
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41

(Foreword), Lindsay Gordon Robertson, and David E. Wilkins (Editor), eds. On the Drafting of Tribal Constitutions. University of Oklahoma Press, 2007.

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42

Robertson, Lindsay G., David E. Wilkins, and Felix S. Cohen. On the Drafting of Tribal Constitutions. University of Oklahoma Press, 2020.

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43

Eberhard, Harald, Konrad Lachmayer, and Gerhard Thallinger, eds. Transitional Constitutionalism. Nomos Verlagsgesellschaft mbH & Co. KG, 2007. http://dx.doi.org/10.5771/9783748930501.

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Transitional Constitutionalism forms an essential part of International Constitutional Law. It deals with the necessity of a provisional constitutional framework in times of transition and explores various aspects of drafting new constitutions. The proceedings focus on the constitutional aspects of the following transitional situations: o Sudan o Chile o Argentina o Lithuania o East Timor o Kosovo Furthermore, the proceedings elaborate on the role of the UN Peacebuilding Commission in situations of transition.
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44

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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45

State Constitutions For The Twentyfirst Century Drafting State Constitutions Revisions And Amendments. State University of New York Press, 2006.

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46

Phakʻdarayʻ Phvaiʹ caññʻʺ puṃ ʼa khre khaṃ ʼupade (Mū kramʻʺ) Reʺ chvai reʺ nhaṅʻʹ Ññhi nhuiṅʻʺ mhu Koʻmītī, ed. Phakʻdarayʻ Phvaiʹ caññʻʺ puṃ ʼa khre khaṃ ʼupade (Mū kramʻʺ) Reʺ chvai reʺ nhaṅʻʹ Ññhi nhuiṅʻʺ mhu Koʻmītī =: Federal Constitution Drafting and Coordinating Committee (FCDCC) : lupʻ ṅanʻʺ choṅʻ rvakʻ mhu ʼa cī raṅʻ khaṃ cā, 2005-2008. [Chiang Mai, Thailand?: Phakʻdarayʻ Phvaiʹ caññʻʺ puṃ ʼa khre khaṃ ʼupade (Mū kramʻʺ) Reʺ chvai reʺ nhaṅʻʹ Ññhi nhuiṅʻʺ mhu Koʻmītī, 2008.

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47

Federalism state constitutions and self-determinaton in Burma: Report on state constitutions drafting process. Chiang Mai, Thailand: Praññʻ thoṅʻ cu Tuiṅʻʺ raṅʻʺ sāʺ Lu myuiʺ myāʺ Dīmuikarecī ʼA phvaiʹ khyupʻ, Thuiṅʻʺ Nuiṅʻ naṃ, 2003.

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48

Sahni, Ruchi Ram. My Public Life. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474004.003.0008.

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In this brief chapter Ruchi Ram Sahni recounts his role in starting the Hindu Family Mutual Relief Fund in the late 1880s. The Fund began after the death of an indigent clerk in the Railways whose family had to be supported by funds raised from his associates; the idea was to start a regular fund for the purpose of supporting the families of deceased members. Sahni gives this as the first of many examples in which he played a role in associational life in late nineteenth-century Lahore; along with Lala Harkishen Lal, he claimed that he must have been responsible for drafting the constitution of at least two-thirds of the associations which came up in Lahore at this time.
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49

McConnell, Michael W. The President Who Would Not Be King. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691207520.001.0001.

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One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. This book cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. The book provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. The book shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. It examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation-of-powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, the book restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
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50

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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