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A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.
The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.
Obasanjo's first term in office as a civilian president (1999 - 2003) was a major litmus test for the future of Nigeria's fledgling democracy. Set in a critical conjuncture characterized by high popular expectations and international goodwill on the one hand and weak institutions and deep-seated social cleavages exacerbated by years of military rule on the other, the new civilian governments at the Federal and State levels were expected to quickly deliver the "e;dividends of democracy"e; to prevent an authoritarian throwback. The expectations included a quick improvement in social service delivery, ending egregious human rights violations of the military era, improving infrastructure, strengthening institutions of governance and creating jobs. But how did the Obasanjo regime fare in meeting the citizens' expectations in its first term in office? What were the challenges faced by practitioners in all the branches and levels of government in achieving their electoral promises and public expectations? And how did they respond to those challenges? In this book, some of Nigeria's leading academics dialogue with politicians who hold or have held key political positions, including Governor Ibrahim Idris of Kogi State, former state governors Orji Kalu, Sam Egwu and Chris Ngige, as well as other key political practitioners to find answers to some of the above questions. The contributors address numerous thorny issues in Nigerian politics and governance including federalism and presidentialism, elections and the electoral process, the judiciary and courts, parties and the party system, the economy, as well as foreign policy. Specifically, they address the issues of executive-legislative relations, executive-judiciary relations, party-government relations, Federal and State relations and the relations between President Obasanjo and State Governors that he regarded as recalcitrant. The book is unique in that it departs from the conventional academic balance sheet approach of matching popular expectations against government's service delivery to actually incorporate the views and experiences of the practitioners in the field. This is done not for self-justificatory purposes, but to genuinely articulate and perspectivise the challenges the practitioners faced and their own efforts at coping with such challenges.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Nigeria provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Nigeria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
"Formerly known as the International Citation Manual"--p. xv.
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.