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This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control theuses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Elections have been central to regime collapse in Nigeria because they neither passed the test of citizens' acceptability nor electoral neutrality. They always pushed the country to a dangerous brink which she has often survived after serious constitutional and political bruises. The general election of 1964 rocked the delicate balance of the country resulting in the military coup of January 15, 1966 and a thirty month civil war. The subsequent effort of the military at restructuring the country did not go far enough to win the civic confidence of the people. The military availed itself of another opportunity of tinkering with the system in 1993. However, it demonstrated that it was not immune to civic dishonesty when it annulled the widely acclaimed free and fair presidential election in June 12, 1993. By fits and starts, Nigeria held another election in 1999 which was tolerated only because of citizens' fatigue of military rule. The elections of 2003 and 2007 were classic examples of make-belief democracy. The feeding of inequity and, if you will, domination, persisted. A combination of fortune, trickery and arm twisting produced a power shift in favour of Dr. Goodluck Ebele Azikwe Jonathan in April 2011. The subsequent attempt by the north to create a strategic consensus did not save it from being pushed into fringe politics forcing some of its spokespersons to vow that they will make governance impossible. The election was better than the worst but much still remains to be done.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
France's New Deal is an in-depth and important look at the remaking of the French state after World War II, a time when the nation was endowed with brand-new institutions for managing its economy and culture. Yet, as Philip Nord reveals, the significant process of state rebuilding did not begin at the Liberation. Rather, it got started earlier, in the waning years of the Third Republic and under the Vichy regime. Tracking the nation's evolution from the 1930s through the postwar years, Nord describes how a variety of political actors--socialists, Christian democrats, technocrats, and Gaullists--had a hand in the construction of modern France. Nord examines the French development of economic planning and a cradle-to-grave social security system; and he explores the nationalization of radio, the creation of a national cinema, and the funding of regional theaters. Nord shows that many of the policymakers of the Liberation era had also served under the Vichy regime, and that a number of postwar institutions and policies were actually holdovers from the Vichy era--minus the authoritarianism and racism of those years. From this perspective, the French state after the war was neither entirely new nor purely social-democratic in inspiration. The state's complex political pedigree appealed to a range of constituencies and made possible the building of a wide base of support that remained in place for decades to come. A nuanced perspective on the French state's postwar origins, France's New Deal chronicles how one modern nation came into being.
In The Fourth Branch: Reconstructing the Administrative State for the Commercial Republic Brian J. Cook confronts head-on the accumulating derangements in the American constitutional system and how the administrative state has contributed to the problems, how it has been a key force in addressing the troubles, and how it can be reformed to serve the system better. The Fourth Branch is anchored in a powerful theory of regime design that guides a freshly comprehensive account of the historical development of successive political economies and administrative states in the United States and provides the normative grounding for more far-reaching constitutional change. Cook calls for a decisive, pattern-breaking response in the form of a constitutional redesign to accommodate a fourth branch, an administrative branch. The Fourth Branch shows that the creation of a fourth administrative branch is consistent with the history and traditions of American constitutionalism. Far more than that, however, the addition of a fourth branch could enhance American constitutionalism by making the separation of powers work better, increasing the likelihood that deliberative lawmaking will occur, strengthening civic capacity and public engagement in governance, and improving both accountability and coordination in the administrative state. By stressing that the administrative state in its current form is both biased toward business and seriously undermined by subordination to the three constitutional branches, Cook contends that neither abandoning the administrative state nor more deeply constitutionalizing or democratizing it within the existing constitutional structure is sufficient to fully legitimate and capitalize on administrative power to serve the public interest. Rather, Cook argues that it is imperative to confront the reality that a fundamental reordering of constitutional arrangements is necessary if the American commercial republic is to recover from its growing disorder and progress further toward its aspirations of liberal justice and limited but vigorous self-rule.
After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.