Constitutional Paradigms And The Stability Of States

This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.

Historic Myanmar elections in 2015 and the installation of an NLD government led by Aung San Suu Kyi in 2016 contrast with ethnic cleansing of Rohingya Muslims in 2017. One critical question that now confronts the 50 million people of this Southeast Asian nation is whether the push for greater democracy is strong enough to prevail over a powerful military machine and undercurrents of intolerance. What are the prospects for liberal democracy in Myanmar? This bookaddresses this question by examining historical conditions, constitutionalism, democracy, major political actors, ethnic conflict, and transitional justice. It presents a rich array of evidence focusedon 88 in-depth interviews and three waves of surveys and experiments conducted in 2014-18. The analysis culminates in the concept of limited liberalism, which reflects a blend of liberal and illiberal attitudes. The book concludes that a weakening of liberal commitments among politicians and citizens alike, allied with spreading limited liberal attitudes, casts doubt on the prospects for liberal democracy in Myanmar.

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Law is a discipline deeply affected by development and adjustment. Standards are neither made nor connected in a vacuum, and are re-adjusted and utilized for a number of specific reasons. Law and society are deeply connected with each other: society resembles the wilderness without the application of law, while law is characterised by the society in which it is implemented. The relationship between authoritative legal documents and social science has been increasingly investigated within recent years, with collaboration between researchers from the humanities, sociology, and legal disciplines, destabilizing and re-conceptualizing ways of discussing legal issues. This ever-expanding corpus of work has explored an assortment of issues, from ideas of uniformity and secularism to histories of provincial law, and from women’s activist engagements with the law to the relationship between law and the media. This book investigates a range of hypothetical issues concerning the relationship between law and society and how it plays out, specifically in fields of legitimacy and social strategy at both residential and universal levels. This will allow the reader to comprehend the hidden standards and ideas in socio-legal reviews. The central questions here are: What effect does law have on our lives? To what extent does law either control what we do or permit us to accomplish what we need? Is law indistinguishable from equity? The book will appeal to anyone working in government, general affiliations, legal firms and consultancies, and legal scholars.