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Poland

Ania Van Der Meer Krok‐Paszkowska

in Semi-Presidentialism in Europe

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198293866
eISBN:
9780191599156
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293860.003.0009
Subject:
Political Science, Comparative Politics

The eight years of post‐communist democratic rule in Poland have been marked by a struggle between rival constitutional agendas, and although the institutional set‐up has remained the same as under ... More


The Pre-federal State Constitutions: The Founding Decade

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0002
Subject:
Law, Constitutional and Administrative Law

Most of the American states adopted constitutions in the decade prior to the federal constitutional convention. There were two major “waves” of state constitution-making. The first wave was hasty, ... More


Europe: On the Search for its Legitimacy

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0004
Subject:
Political Science, European Union, Democratization

This chapter addresses the legitimacy problems of the Union and how they can be alleviated. The EU, as every system of domination, is in need of justification, but this may take different forms and ... More


Ghana

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

When Ghana achieved independence on 6 March 1957, it was the first British territory in sub-Saharan Africa to be granted independence under African rule. For this reason, there was intense pressure ... More


Malaya

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0004
Subject:
Law, Constitutional and Administrative Law, Legal History

Malaya achieved independence on 31 August 1957 with a minimalist bill of rights. The main local pressure for the bill of rights came from the Malayan Indian Congress, which was supported in its ... More


State Formation

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0010
Subject:
Law, Public International Law

This chapter first outlines the main features of recent scholarly work on European state-building with a view to determining whether there are any general explanatory laws of the European ... More


Nigeria

Charles O.H. Parkinson

in Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

Nigeria gained a bill of rights in October 1959 and independence on 1 October 1960. It was a major turning point in the development of bills of rights in Britain's overseas territories. First, it was ... More


The Universal Model: Vietnam

Ngoc Son Bui

in Constitutional Change in the Contemporary Socialist World

Published in print:
2020
Published Online:
September 2020
ISBN:
9780198851349
eISBN:
9780191885969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198851349.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the making of Vietnam’s 2013 Constitution. Compared with previous experience in Vietnam and with the experience in the other four socialist countries, the 2013 experience ... More


Law Reform, Constitutional Design, and Gender

Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn

in On the Frontlines: Gender, War, and the Post-Conflict Process

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195396645
eISBN:
9780199918416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195396645.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

New laws and constitutions are increasingly part of the standard package of legal and political revision that accompanies the end of violent conflict in many societies. Agreements on principle, as ... More


Creating a Constitution: Law, Democracy, and Growth in Ancient Athens

Federica Carugati

Published in print:
2019
Published Online:
May 2020
ISBN:
9780691195636
eISBN:
9780691198712
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691195636.001.0001
Subject:
History, Political History

We live in an era of constitution-making. More than half of the world's constitutions have been drafted in the past half-century. Yet, one question still eludes theorists and practitioners alike: how ... More


The Hungarian Paradox

Andrew Arato

in Post Sovereign Constitution Making: Learning and Legitimacy

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198755982
eISBN:
9780191816987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755982.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter describes how the process of constitution making through the round-table form failed in Hungary. Transitioning from a communist to a capitalist democratic state in the early 1990s as a ... More


Federalism and constitutional asymmetry

Cameron Ross

in Federalism and Democratisation in Russia

Published in print:
2003
Published Online:
July 2012
ISBN:
9780719058691
eISBN:
9781781700174
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719058691.003.0003
Subject:
Political Science, Russian Politics

This chapter discusses the development of constitutional and political asymmetry in the Yeltsin era. In Russia, there was little evidence of consensus and compromise in the drafting of its ... More


Conventions, Constituent Assemblies, and Round Tables: The Principles of Legitimacy of Democratic Constitution Making

Andrew Arato

in Post Sovereign Constitution Making: Learning and Legitimacy

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198755982
eISBN:
9780191816987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755982.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter describes the round-table form of the new paradigm of constitution making and argues that it is an authentic democratic form of constitution making, to be placed side by side with the ... More


Toward a Theory of Constituent Authority

Andrew Arato

in Post Sovereign Constitution Making: Learning and Legitimacy

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198755982
eISBN:
9780191816987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755982.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines constituent authority by looking at French and American political theory and practice concerning constitution making. In America, the sovereign conception appeared mostly in ... More


Constitutional Learning

Andrew Arato

in Post Sovereign Constitution Making: Learning and Legitimacy

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198755982
eISBN:
9780191816987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755982.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter delves deeper into the American political theory of constitution making by exploring the ideas of Bruce Ackerman and Stephen Holmes. Their work stands out as interesting because of their ... More


United Nations Constitutional Assistance: An ‘Institution’

Vijayashri Sripati

in Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands

Published in print:
2020
Published Online:
April 2020
ISBN:
9780199498024
eISBN:
9780199098378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199498024.003.0006
Subject:
Law, Public International Law

This chapter conceptualizes UNCA as an ‘institution’ or ‘established practice.’ Towards this end, it maps out UNCA’s use to produce the Western liberal constitution, conceptualized as a rule of ... More


Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Charles Parkinson

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199231935
eISBN:
9780191716157
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231935.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. More broadly it explores the ... More


Territorial Cleavages and Constitutional Transitions: Political Mobilization, Constitution-Making Processes, and Constitutional Design

George Anderson and Sujit Choudhry

in Territory and Power in Constitutional Transitions

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198836544
eISBN:
9780191873737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836544.003.0020
Subject:
Law, Constitutional and Administrative Law

This chapter explores how patterns of territorial political mobilization influence the processes of Constitution-making and the choices of constitutional design, focusing on seventeen countries that ... More


Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

Haider Ala Hamoudi

Published in print:
2013
Published Online:
May 2014
ISBN:
9780226315348
eISBN:
9780226068794
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226068794.001.0001
Subject:
Political Science, International Relations and Politics

The purpose of this book is to describe effective means of constitution making in societies that are not only divided, but divided in such a manner that disparate groups have entirely different ... More


Turkey: Authoritarian Constitution Making, Reform, and the Crisis of Constitutionalism

Andrew Arato

in Post Sovereign Constitution Making: Learning and Legitimacy

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198755982
eISBN:
9780191816987
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755982.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explores the recent constitutional history of Turkey, describing reform attempts made during the period from 1982 up to the present. It highlights the transition from an approach of ... More


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