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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Considers 38 resolutions, including proposed constitutional amendments, relating to the problems of Presidential inability and filling Vice Presidential vacancies.
Ask the average American who takes over in the event something happens to the President of the United States, and you’re likely to receive the correct answer. However, what about succession beyond the vice presidency? Fortunately, our nation has an established line of presidential succession that is meant to ensure continuity in the nation’s highest office. Unfortunately, there are several fundamental flaws in the model. This work begins by examining the fascinating history of presidential disability and succession, an issue that has impacted our nation’s highest office since the very beginning. After highlighting the reoccurring nature of this problem, it then provides an analysis of the alarming state of our current disability and succession guidelines, many of which are dangerously outdated, especially when it comes to the threat of terrorism. It then explores these flaws, specifically the glaring problems associated with including members of Congress in the line of succession. Along with questions concerning suitability and preparedness, statistics detailing the partisan composition of Congress over the last half-century illustrate that a sudden shift in party control of the presidency is not only possible, but likely. Finally, it concludes by highlighting an inherent flaw in a line of succession in which every member is located in one small area that happens to be the most attractive target for a would-be terrorist. While the issues explored in this work have been present for more than a half-century, the combination of an increased partisan divide between the executive and legislative branches, as well as the dangers of terrorist attack, combine to require immediate action. Just as the average American may be surprised to discover the Speaker of the House stands second in the line of succession, they would likely be shocked at the potential for chaos and confusion that could unfold in a battle for the presidency. Therefore, it is vitally important to address these concerns now, before they play out in front of a national audience.