Описание: Using Malaysia as a case study, this book examines developments to key national security laws in the last decade and critically analyses the extent to which they embody law reform aimed at strengthening the rule of law and establishing a functional and inclusive democracy.
Adopting a contextual approach that assesses these legal developments alongside the political transition and reawakening of civil society in Malaysia, the book documents how the notion of ‘national security’ has largely been conflated with ‘regime security’, and demonstrates that the new laws have in the main, failed to meet such rule of law and democratic aspirations.
Tracing this failure to underlying problems in the Federal Constitution understood within the broader socio-political context, the book provides conceptual and practical lessons about the law and practice of national security in aspiring democracies. In proposing recommendations for more effective reform, the book offers an alternative vision of freedom, state power and the constitution in Malaysia.
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
Автор: Dorothy Overstreet Pratt Название: Sowing the Wind: The Mississippi Constitutional Convention of 1890 ISBN: 1496828127 ISBN-13(EAN): 9781496828125 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4389.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In 1890, Mississippi called a convention to rewrite its constitution. That convention became the singular event that marked the state's transition from the nineteenth century to the twentieth and set the path for the state for decades to come. The primary purpose of the convention was to disfranchise African American voters as well as some poor whites. The result was a document that transformed the state for the next century. In Sowing the Wind, Dorothy Overstreet Pratt traces the decision to call that convention, examines the delegates' decisions, and analyzes the impact of their new constitution.Pratt argues the constitution produced a new social structure, which pivoted the state's culture from a class-based system to one centered upon race. Though state leaders had not anticipated this change, they were savvy in their manipulation of the issues. The new constitution effectively filled the goal of disfranchisement. Moreover, unlike the constitutions of many other southern states, it held up against attack for over seventy years. It also hindered the state socially and economically well into the twentieth century.
Описание: By engaging deeply with American legal and political history as well as the increasingly rich material on gender history, Gendered Citizenship illuminates the ideological contours of the original struggle over the Equal Rights Amendment (ERA) from 1920 to 1963. As the first comprehensive, full-length history of that struggle, this study grapples not only with the battle over women’s constitutional status but also with the more than forty-year mission to articulate the boundaries of what it means to be an American citizen.
Through an examination of an array of primary source materials, Gendered Citizenship contends that the original ERA conflict is best understood as the terrain that allowed Americans to reconceptualize citizenship to correspond with women’s changing status after the passage of the Nineteenth Amendment.
Finally, Rebecca DeWolf considers the struggle over the ERA in a new light: focusing not on the familiar theme of why the ERA failed to gain enactment, but on how the debates transcended traditional liberal versus conservative disputes in early to mid-twentieth-century America. The conflict, DeWolf reveals, ultimately became the defining narrative for the changing nature of American citizenship in the era.
Описание: By engaging deeply with American legal and political history as well as the increasingly rich material on gender history, Gendered Citizenship illuminates the ideological contours of the original struggle over the Equal Rights Amendment (ERA) from 1920 to 1963. As the first comprehensive, full-length history of that struggle, this study grapples not only with the battle over women’s constitutional status but also with the more than forty-year mission to articulate the boundaries of what it means to be an American citizen.
Through an examination of an array of primary source materials, Gendered Citizenship contends that the original ERA conflict is best understood as the terrain that allowed Americans to reconceptualize citizenship to correspond with women’s changing status after the passage of the Nineteenth Amendment.
Finally, Rebecca DeWolf considers the struggle over the ERA in a new light: focusing not on the familiar theme of why the ERA failed to gain enactment, but on how the debates transcended traditional liberal versus conservative disputes in early to mid-twentieth-century America. The conflict, DeWolf reveals, ultimately became the defining narrative for the changing nature of American citizenship in the era.
Автор: Victor Ferreres Comella Название: The Constitution of Spain: A Contextual Analysis ISBN: 1849460167 ISBN-13(EAN): 9781849460163 Издательство: Bloomsbury Academic Рейтинг: Цена: 5202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978.
Автор: Glennon Michael J. Название: National Security and Double Government ISBN: 0190663995 ISBN-13(EAN): 9780190663995 Издательство: Oxford Academ Рейтинг: Цена: 5895.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, Madisonian institutions - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed Trumanite network - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of double government require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.
Автор: Beaumont, Elizabeth Название: The Civic Constitution ISBN: 0190692553 ISBN-13(EAN): 9780190692551 Издательство: Oxford Academ Рейтинг: Цена: 4243.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution and its relations to citizens and social movements. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of `civic founders` who worked to reinvent the constitutional order.
Автор: Paul T. V., Ripsman Norrin Название: Globalization and the National Security State ISBN: 0195393910 ISBN-13(EAN): 9780195393910 Издательство: Oxford Academ Рейтинг: Цена: 5570.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In the past two decades, many have posited a correlation between the spread of globalization and the decline of the nation-state. In the realm of national security, advocates of the globalization thesis have argued that states' power has diminished relative to transnational governmental institutions, NGOs, and transnational capitalism. Initially, they pointed to declines in both global military spending (which has risen dramatically in recent years) and interstate war. But are these trends really indicative of the decline of nation-state's role as a guarantor of national security? In Globalization and the National Security State, T.V. Paul and Norrin M. Ripsman test the proposition against the available evidence and find that the globalization school has largely gotten it wrong. The decline in interstate warfare can largely be attributed to the end of the Cold War, not globalization. Moreover, great powers (the US, China, and Russia) continue to pursue traditional nation-state strategies. Regional security arrangements like the EU and ASEAN have not achieved much, and weak states--the ones most impacted by the turmoil generated by globalization--are far more traditional in their approaches to national security, preferring to rely on their own resources rather than those of regional and transnational institutions. This is a bold argument, and Paul and Ripsman amass a considerable amount of evidence for their claims. It cuts against a major movement in international relations scholarship, and is sure to generate controversy.
The United States is in the midst of a heated conversation over how the Constitution impacts national security. In a traditional reading of the document, America uses military force only after a full and informed national debate. However, modern presidents have had unparalleled access to the media as well as control over the information most relevant to these debates, which jeopardizes the abilities of a democracy’s citizens to fully participate in the discussion. In Freeing Speech, John Denvir targets this issue of presidential dominance and proposes an ambitious solution: a First Amendment that makes sure the voices of opposition are heard. Denvir argues that the First Amendment’s goal is to protect the entire structure of democratic debate, even including activities ancillary to the dissemination of speech itself. Assessing the right of political association, the use of public streets and parks for political demonstrations, the press’ ability to comment on public issues, and presidential speech on national security, Denvir examines why this democratic model of free speech is essential at all times, but especially during the War on Terror.
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