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Focusing on the eras of Lenin, Stalin, Gorbachev, and Yeltsin, a multi-layered account of the rise and fall of the Soviet Union chronicles and analyzes the Soviet experiment from the tsar to the first president of the Russian republic. UP.
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
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.
Human embryo research touches upon strongly felt moral convictions, and it raises such deep questions about the promise and perils of scientific progress that debate over its development has become a moral and political imperative. From in vitro fertilization to embryonic stem cell research, cloning, and gene editing, Americans have repeatedly struggled with how to define the moral status of the human embryo, whether to limit its experimental uses, and how to contend with sharply divided public moral perspectives on governing science. Experiments in Democracy presents a history of American debates over human embryo research from the late 1960s to the present, exploring their crucial role in shaping norms, practices, and institutions of deliberation governing the ethical challenges of modern bioscience. J. Benjamin Hurlbut details how scientists, bioethicists, policymakers, and other public figures have attempted to answer a question of great consequence: how should the public reason about aspects of science and technology that effect fundamental dimensions of human life? Through a study of one of the most significant science policy controversies in the history of the United States, Experiments in Democracy paints a portrait of the complex relationship between science and democracy, and of U.S. society's evolving approaches to evaluating and governing science's most challenging breakthroughs.
This book looks at the past and present condition of Russian nationalism. Its chapters examine the influence of tsarist and Soviet official policies upon national identity, and seek to explain the broader political, social and cultural factors which helped or hindered the ambitions of rulers. The changeability of Russian national consciousness is exmphasised. Several chapters also highlight the various long-standing inhibitions to the emergence of a consolidated civic nationalism in a Russian Federation which gained its independence at the break-up of the USSR.
Russia is often portrayed as a regressive, even lawless country, and yet the Russian state has played a major role in shaping and experimenting with law as an instrument of power. In Law and the Russian State, William E. Pomeranz examines Russia's legal evolution from Peter the Great to Vladimir Putin, addressing the continuities and disruptions of Russian law during the imperial, Soviet, and post-Soviet. The book covers key themes, including: * Law and empire * Law and modernization * The politicization of law * The role of intellectuals and dissidents in mobilizing the law * The evolution of Russian legal institutions * The struggle for human rights * The rule-of-law * The quest to establish the law-based state It also analyzes legal culture and how Russians understand and use the law. With a detailed bibliography, this is an important text for anyone seeking a sophisticated understanding of how Russian society and the Russian state have developed in the last 350 years.