From parchment to practice : implementing new constitutions

著者

書誌事項

From parchment to practice : implementing new constitutions

edited by Tom Ginsburg, Aziz Z. Huq

(Comparative constitutional law and policy)

Cambridge University Press, 2020

  • : pbk

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注記

Summary: "This book concerns a set of problems that arise from the distinctive conceptual and practical tension in the first period after a new constitution has been adopted. We shall argue that at a very general level, a new constitution must manage a balance or tension between two forces. These are aspirations for transformation and demands for preservation through entrenchment. The first period, as we will elaborate, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative vectors of constitutional design can come into the sharpest conflict. The variable nature of these conflicts-and the diverse means through which they are mediated, whether successfully or less successfully-is the focus of both this introduction and, in different ways, the chapters that follow"--Provided by publisher

Includes index

内容説明・目次

内容説明

From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.

目次

  • 1. Introduction. The first-period problem of constitutional implementation Tom Ginsburg and Aziz Z. Huq
  • Part I. The Problem of Transformation in Constitutional Design: 2. Looking 'backward' or 'forward' to American constitutional development: reflections on constitutional 'endurance' and 'adaptation' in the 'First Republic' Sanford Levinson
  • 3. Marking constitutional transitions: the law and politics of constitutional implementation in South Africa Rosalind Dixon and Theunis Roux
  • 4. India's first period: constitutional doctrine and constitutional stability Madhav Khosla
  • 5. Two steps 'forward', one step 'back'? Transformation and correction in the implementation of Ecuador's 2008 constitution Eric Alston
  • Part II. The Issue of Gender: 6. The long road ahead: the first period of a gender-responsive constitution in Zimbabwe Claudia Flores
  • 7. Constitutional reform and women's political participation: electoral gender quotas in post-Arab Spring Egypt, Tunisia, and Jordan Susan H. Williams
  • Part III. Institutional Development and the Role of Courts: 8. Explaining the institutional role of the Colombian Constitutional Court Diego Gonzalez
  • 9. Implementing a new constitution in a competitive authoritarian context: the case of Kenya James Thuo Gathii
  • Part IV. Authoritarian Transitions: 10. Transformational authoritarian constitutions: the case of Chile Tom Ginsburg
  • 11. Authoritarian straitjacket or vehicle for democratic transition?: the risky struggle to change Myanmar's constitution Melissa Crouch
  • 12. The Ethiopian constitution and ethnic federalism Daniel Abebe.

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