Dynamics in the French Constitution

Author: David Marrani
Publisher: Routledge
ISBN: 1135105499
Format: PDF, Mobi
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The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.

The Constitution of France

Author: Sophie Boyron
Publisher: Bloomsbury Publishing
ISBN: 1782250565
Format: PDF, Mobi
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The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.

Constitutional Dynamics in Federal Systems

Author: Michael Burgess
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773587020
Format: PDF, ePub
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Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bujäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).

Ratification

Author: Pauline Maier
Publisher: Simon and Schuster
ISBN: 0684868555
Format: PDF, Mobi
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Drawing on the speeches and letters of the United States' founders, the author recounts the dramatic period after the Constitutional Convention and before the Constitution was finally ratified, describing the tumultuous events that took place in homes, taverns and convention halls throughout the colonies. By the author of American Scripture.

Pure Theory of Law

Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Format: PDF, ePub, Docs
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

The Constitution of France

Author: Sophie Boyron
Publisher: Bloomsbury Publishing
ISBN: 1782250565
Format: PDF, ePub, Mobi
Download Now
The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.

Politics and Constitutions in Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 1317537653
Format: PDF, Kindle
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Turkish Dynamics

Author: E. Kalaycioglu
Publisher: Springer
ISBN: 1403978662
Format: PDF, ePub, Docs
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A leading Turkish political scientist enhances understanding of the interactions of liberal democracy with longstanding cultural cleavages along secular-religious lines, ethnicity, and social class. This chronological narrative focuses on how the process of urbanization and industrialization has led to social mobilization and population movements.

Developing a Constitution for Europe

Author: Erik Oddvar Eriksen
Publisher: Routledge
ISBN: 1134355157
Format: PDF, ePub, Mobi
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The European Union is currently in the midst of a comprehensive process of reform and the aim of this book is to address the challenge of forging a legitimate Constitution for the EU. These authors clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution.

Inventing the French Revolution

Author: Keith Michael Baker
Publisher: Cambridge University Press
ISBN: 9780521385787
Format: PDF
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In this volume, Keith Baker, arguably the leading expert writing in English on the ideological origins of the French Revolution, collects together a range of his essays on this subject published in journals in recent years. The essays include historiographical studies of the treatment of the topic by French and other historians as well as important case studies on the political vocabularies characteristic of the ancien régime and the revolutionary periods. The result is a substantial and unified set of studies on one of the central themes in modern European history.