Why Democracy Is Oppositional

by John Medearis

Is infrequent voting the most we can expect from a free citizenry? Would democracy be more robust if our political discourse were more deliberative? John Medearis’s trenchant and trend-bucking work of political philosophy argues that democracies face significant challenges that go beyond civic lethargy and unreasonable debate. Democracy is inherently a fragile state of affairs, he reminds us. Revisiting fundamental questions about the system in theory and practice, Why Democracy Is Oppositional helps us see why preserving democracy has always been―and will always be―a struggle.

As citizens of democracies seek political control over their destinies, they confront forces that threaten to dominate their lives. These forces may take the form of runaway financial markets, powerful special interests, expanding militaries, or dysfunctional legislatures. But citizens of democracies help create the very institutions that overwhelm them. Hostile threats do not generally come from the outside but are the product of citizens’ own collective activities. Medearis contends that democratic action perpetually arises to reclaim egalitarian control over social forces and institutions that have become alienated from large numbers of citizens. Democracy is therefore necessarily oppositional. Concerted, contentious political activities of all kinds are fundamental to it, while consensus and easy compromise are rarities.

Recovering insights from political theorists such as Karl Marx and John Dewey, Why Democracy Is Oppositional addresses contemporary issues ranging from the global financial crisis and economic inequality to drone warfare and mass incarceration.

The Quest for Democracy in Iran: A Century of Struggle against Authoritarian Rule

by Fakhreddin Azimi

The Constitutional Revolution of 1906 launched Iran as a pioneer in a broad-based movement to establish democratic rule in the non-Western world. In a book that provides essential context for understanding modern Iran, Fakhreddin Azimi traces a century of struggle for the establishment of representative government.

The promise of constitutional rule was cut short in the 1920s with the rise of the Pahlavi dynasty. Reza Shah, whose despotic rule Azimi deftly captures, maintained the façade of a constitutional monarch but greeted any challenge with an iron fist: “I will eliminate you,” he routinely barked at his officials. In 1941, fearful of losing control of the oil-rich region, the Allies forced Reza Shah to abdicate but allowed Mohammad Reza to succeed his father. Though promising to abide by the constitution, the new Shah missed no opportunity to undermine it.

The Anglo-American–backed coup of 1953, which ousted reformist premier Mohammed Mosaddeq, dealt a blow to the constitutionalists. The Shah’s repressive policies and subservience to the United States radicalized both secular and religious opponents, leading to the revolution of 1979. Azimi argues that we have fundamentally misunderstood this event by characterizing it as an “Islamic” revolution when it was in reality the expression of a long-repressed desire for popular sovereignty. This explains why the clerical rulers have failed to counter the growing public conviction that the Islamic Republic, too, is impervious to political reform―and why the democratic impulse that began with the Constitutional Revolution continues to be a potent and resilient force.

The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom

by Roger Masterman

In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

Knowing the Enemy: Jihadist Ideology and the War on Terror

by Mary R. Habeck

 

After September 11, Americans agonized over why nineteen men hated the United States enough to kill three thousand civilians in an unprovoked assault. Analysts have offered a wide variety of explanations for the attack, but the one voice missing is that of the terrorists themselves. This penetrating book is the first to present the inner logic of al-Qa’ida and like-minded extremist groups by which they justify September 11 and other terrorist attacks.

Mary Habeck explains that these extremist groups belong to a new movement—known as jihadism—with a specific ideology based on the thought of Muhammad ibn Abd al-Wahhab, Hasan al-Banna, and Sayyid Qutb. Jihadist ideology contains new definitions of the unity of God and of jihad, which allow members to call for the destruction of democracy and the United States and to murder innocent men, women, and children. Habeck also suggests how the United States might defeat the jihadis, using their own ideology against them.

The Ideological Origins of American Federalism

by Alison L. LaCroix

Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia.

In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system.

Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.

The Moral Foundations of Politics

by Ian Shapiro

When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.

The Terror Courts: Rough Justice at Guantanamo Bay

by Jess Bravin

Focusing on the military commission established by the Bush Administration to try Guantanamo Bay prisoners, Bravin describes prosecutions hampered by inadmissable evidence obtained through torture, procedures stalled by disagreements between military prosecutors and political appointees, and closed door dealings that led several prosecutors to resign.

Constitutional Theocracy

by Ran Hirschl

At the intersection of two sweeping global trends―the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review―a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting―a “living laboratory” as it were―for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world.

Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.

Constitutional Self-Government 

by Christopher L. Eisgruber

Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution?

In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.

The Civil Rights Revolution

by Bruce Ackerman

The Civil Rights Revolution carries Bruce Ackerman's sweeping reinterpretation of constitutional history into the era beginning with Brown v. Board of Education. From Rosa Parks's courageous defiance, to Martin Luther King's resounding cadences in "I Have a Dream," to Lyndon Johnson's leadership of Congress, to the Supreme Court's decisions redefining the meaning of equality, the movement to end racial discrimination decisively changed our understanding of the Constitution.

Ackerman anchors his discussion in the landmark statutes of the 1960s: the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. Challenging conventional legal analysis and arguing instead that constitutional politics won the day, he describes the complex interactions among branches of government--and also between government and the ordinary people who participated in the struggle. He showcases leaders such as Everett Dirksen, Hubert Humphrey, and Richard Nixon who insisted on real change, not just formal equality, for blacks and other minorities.

The civil rights revolution transformed the Constitution, but not through judicial activism or Article V amendments. The breakthrough was the passage of laws that ended the institutionalized humiliations of Jim Crow and ensured equal rights at work, in schools, and in the voting booth. This legislation gained congressional approval only because of the mobilized support of the American people--and their principles deserve a central place in the nation's history. Ackerman's arguments are especially important at a time when the Roberts Court is actively undermining major achievements of America's Second Reconstruction.

Global Migration Governance

edited by Alexander Betts

Unlike many other trans-boundary policy areas, international migration lacks coherent global governance. There is no UN migration organization and states have signed relatively few multilateral treaties on migration. Instead sovereign states generally decide their own immigration policies. However, given the growing politicisation of migration and the recognition that states cannot always address migration in isolation from one another, a debate has emerged about what type of international institutions and cooperation are required to meet the challenges of international migration. Until now, though, that emerging debate on global migration governance has lacked a clear analytical understanding of what global migration governance actually is, the politics underlying it, and the basis on which we can make claims about what 'better' migration governance might look like.

In order to address this gap, the book brings together a group of the world's leading experts on migration to consider the global governance of different aspects of migration. The chapters offer an accessible introduction to the global governance of low-skilled labour migration, high-skilled labour migration, irregular migration, lifestyle migration, international travel, refugees, internally displaced persons, human trafficking and smuggling, diaspora, remittances, and root causes. Each of the chapters explores the three same broad questions: What, institutionally, is the global governance of migration in that area? Why, politically, does that type of governance exist? How, normatively, can we ground claims about the type of global governance that should exist in that area? Collectively, the chapters enhance our understanding of the international politics of migration and set out a vision for international cooperation on migration.

The Common Law

by Oliver Wendell Holme (Author), G. Edward White (Introduction)

Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.

Beyond Citizenship: American Identity After Globalization 

by Peter J. Spiro

American identity has always been capacious as a concept but narrow in its application. Citizenship has mostly been about being here, either through birth or residence. The territorial premises for citizenship have worked to resolve the peculiar challenges of American identity. But globalization is detaching identity from location. What used to define American was rooted in American space. Now one can be anywhere and be an American, politically or culturally. Against that backdrop, it becomes difficult to draw the boundaries of human community in a meaningful way. Longstanding notions of democratic citizenship are becoming obsolete, even as we cling to them. Beyond Citizenship charts the trajectory of American citizenship and shows how American identity is unsustainable in the face of globalization.

 Peter J. Spiro describes how citizenship law once reflected and shaped the American national character. Spiro explores the histories of birthright citizenship, naturalization, dual citizenship, and how those legal regimes helped reinforce an otherwise fragile national identity. But on a shifting global landscape, citizenship status has become increasingly divorced from any sense of actual community on the ground. As the bonds of citizenship dissipate, membership in the nation-state becomes less meaningful. The rights and obligations distinctive to citizenship are now trivial. Naturalization requirements have been relaxed, dual citizenship embraced, and territorial birthright citizenship entrenched--developments that are all irreversible. Loyalties, meanwhile, are moving to transnational communities defined in many different ways: by race, ethnicity, gender, religion, age, and sexual orientation. These communities, Spiro boldly argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance.

 Learned, incisive, and sweeping in scope, Beyond Citizenship offers a provocative look at how globalization is changing the very definition of who we are and where we belong.

The Law and Economics of Cybersecurity 

by Mark F. Grady and Francesco Parisi

Cybersecurity is a leading national problem for which the market may fail to produce a solution because individuals often select less than optimal security levels in a world of positive transaction costs. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. This book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but in need of aid, either from government or industry groups or both.

The Israeli Supreme Court and the Human Rights Revolution

by Assaf Meydani

 

This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The Court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.

Constitutional Courts and Deliberative Democracy

by Conrado Hübner Mendes

Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments.

Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced.

This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.

The 9/11 Effect: Comparative Counter-Terrorism

by Kent Roach

This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of western democracies including the United States, the United Kingdom, Australia, and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore, and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism. It also assesses the failures of the American extra-legal approach and departures from criminal justice and the challenges of transnational cooperation and accountability for counter-terrorism.

Constitutional Fragments. Societal Constitutionalism and Globalization

by Gunther Teubner

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise.

It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy.

The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.

The Economics of Immigration. Market-Based Approaches, Social Science, and Public Policy

Edited by Benjamin Powell

The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves.

Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

The Origins and Evolution of Islamic Law  

by Wael B. Hallaq

Covering more than three centuries of legal history, this study presents an important account of how Islam developed its own law from ancient Near Eastern legal cultures, Arabian customary law and Quranic reform. The book explores the interplay between law and politics, demonstrating how the jurists and ruling elite led a symbiotic existence that paradoxically allowed Islamic law to become uniquely independent of the "state."

Magna Carta and its Modern Legacy

edited by Robert Hazell and James Melton

Magna Carta is celebrated around the world as a symbol of limited government and constitutionalism. But in 1215 Magna Carta was a failure, abrogated within months. Why then do we celebrate this piece of parchment? To mark the 800th anniversary this book brings together top scholars from the UK, US and Australia to answer this question and analyse Magna Carta's historic and contemporary influence. Using a political science framework, Magna Carta and its Modern Legacy draws from scholarship on influence and constitutional design to explain how parchment can contain executive power. Individual chapters on Britain discuss such topics as socioeconomic rights in Magna Carta; Magna Carta and the British constitution; and public understanding of the charter. Internationally-focused chapters look at Magna Carta and jury trial in America, slavery in the Caribbean, court delays in the Pacific, the proportionality principle, and judicial supremacy.

Magna Carta (3rd Edition)

by J. C. Holt (Author), George Garnett (Preface), John Hudson (Preface)

A revised edition of J. C. Holt's classic study of Magna Carta, the Great Charter, offering the most authoritative analysis of England's most famous constitutional text. The book sets the events of 1215 and the Charter itself in the context of the law, politics and administration of England and Europe in the twelfth and thirteenth centuries. Additionally, a lengthy new introduction by two of Holt's former pupils, George Garnett and John Hudson, examines a range of issues raised by scholarship since publication of the second edition in 1992. These include the possible role of Archbishop Stephen Langton; the degree of influence of Roman and Canon Law upon those who drafted the Charter; other aspects of the intellectual setting of the Charter, in particular political thinking in London; the Continental context of the events of 1212-15; and the legal and jurisdictional issues that affected the Charter's clauses on justice.

The New Immigration Federalism

by Pratheepan Gulasekaram and S. Karthick Ramakrishnan

Since 2004, the United States has seen a flurry of state and local laws dealing with unauthorized immigrants. Though initially restrictionist, these laws have recently undergone a dramatic shift toward promoting integration. How are we to make sense of this new immigration federalism? What are its causes? And what are its consequences for the federal-state balance of power? In The New Immigration Federalism, Professors Pratheepan Gulasekaram and S. Karthick Ramakrishnan provide answers to these questions using a mix of quantitative, historical, and doctrinal legal analysis. In so doing they refute the popular "demographic necessity" argument put forward by anti-immigrant activists and politicians. Instead, they posit that immigration federalism is rooted in a political process that connects both federal and subfederal actors: the Polarized Change Model. Their model captures not only the spread of restrictionist legislation but also its abrupt turnaround in 2012, projecting valuable insights for the future.

Comparative Constitutional Design

by Tom Ginsburg

This volume brings together essays by many of the leading scholars of comparative constitutional design from myriad disciplinary perspectives, including law, philosophy, political science, and economics. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, the volume provides the state of the art in a field of growing theoretical and practical importance.

Constitutional Conventions in Westminster Systems: Controversies, Changes and Challenges 

edited by Brian Galligan and Scott Brenton

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.

Democracy in a Russian Mirror (Cambridge Studies in the Theory of Democracy) 

by Adam Przeworski

What can we learn about democracy from the experience of post-Soviet Russia? What can we learn about the prospects for democracy in Russia from the experience of "really existing democracies?" Must some "pre-requisites," cultural or material, be fulfilled for democracy to become possible? This book examines the current state and the prospects for democracy in Russia, posing several challenges to our understanding of democracy. Thirteen contributors expand the debate over these questions, offering a variety of insights, interpretations, and conclusions vital to understanding the conditions of emergence and survival of successful democracies.

The Economic Dynamics of Law 1st Edition

by David M. Driesen

This book offers a dynamic theory of law and economics focused on change over time, aimed at avoiding significant systemic risks (like financial crises and climate disruption), and implemented through a systematic analysis of law's economic incentives and how people actually respond to them. This theory offers a new vision of law as fundamentally a macro-level enterprise establishing normative commitments and a framework for numerous private transactions, rather than as an analogue to a market transaction. It explains how neoclassical law and economics sparked decades of deregulation culminating in the 2008 financial collapse. It then shows how economic dynamic theory helps scholars and policymakers make wise choices about how to avoid future catastrophes while keeping open a robust set of economic opportunities, with individual chapters addressing the law and economics of financial regulation, contract, property, intellectual property, antitrust, national security, and climate disruption.

Constitutionalism in Global Constitutionalisation

by Aoife O'Donoghue

Constitutionalism offers a governance order a set of normative values including, amongst others, the rule of law, divisions of power and democratic legitimacy. These normative values regulate the relationship between constituent and constituted power holders. Such normative constitutional legal orders are commonplace in domestic systems but the global constitutionalisation debate seeks to identify a constitutional narrative beyond the state. This book considers the manner in which the global constitutionalisation debate has neglected constitutionalism within its proposals. It examines the role normative constitutionalism plays within a constitutionalisation process, and considers the use of community at both the domestic and global governance levels to identify the holders of constituent and constituted power within a constitutional order. In doing so this analysis offers an alternative narrative for global constitutionalisation based within normative constitutionalism.

• Proposes a global governance system based upon normative legal claims, which will be of interest to those examining current developments in the global legal order • Examines the role of constitutionalism beyond the state, thereby making this relevant to those working in constitutional theory • Examines the role that international community plays in the global legal order and proposes an alternative constituency model of interest to anyone researching the role of community and constituency in governance both within and beyond the state.

Being Israeli: The Dynamics of Multiple Citizenship

by Gershon Shafir and Yoav Peled

This penetrating and timely study by two well-known scholars offers a theoretically informed account of the political sociology of Israel. The argument is set in its historical context as the authors trace Israel's development from the beginning of Zionist settlement in Palestine in the early 1880s to the Oslo accords in 1993, and finally to the recent Palestinian uprising. Against this background, they speculate on the idea of citizenship and what it means to be the citizen of a fragmented and ideologically divided society.

Secularism and Muslim Democracy in Turkey

by M. Hakan Yavuz

In 2002 the Islamist Justice and Development Party (AKP) swept to power in Turkey. Since then it has shied away from a hard-line ideological stance in favour of a more conservative and democratic approach. In this book, M. Hakan Yavuz negotiates this ambivalence asking whether it is possible for a political party with a deeply religious ideology to liberalise and entertain democracy or whether, as he contends, radical religious groups moderate their practices and ideologies when forced to negotiate a competitive and rule-based political system. The author explores the thesis through an analysis of the rise and evolution of the AKP and its more recent 2007 election victory. The book, which tackles a number of important issues including political participation, economics and internal security, provides a masterful survey of modern Turkish and Islamic politics, which will be of interest to a broad range of readers from students to professionals and policymakers.

Targeting Americans: The Constitutionality of the U.S. Drone War

by H. Jefferson Powell, foreword by Philip Bobbitt

Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy.

From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate.

A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.

The Twilight of Human Rights Law

by Eric Posner

In International Human Rights, acclaimed legal scholar Eric Posner seeks to explain a paradox: the language of human rights is now the dominant mode of international moral criticism of governments, and yet the evidence suggests that most countries flagrantly violate the human rights treaties that they solemnly ratify. The prevailing consensus, he notes, is that governments should promote the well-being of citizens in their countries, and that in extreme cases, foreign countries should intervene and replace governments that fail to comply with this duty. The problem, he contends, is countries disagree on how they can achieve those goals. This weakness is on full display in existing human rights treaties, and the result is a general failure. Because countries have not been able to agree about 'well-being,' they ended up negotiating treaties that are vague and (by design) unenforceable. In addition, countries have ensured that international organizations possess weak enforcement powers. Moreover, when enforcement does occur, it is invariably partial and scattershot. In whack-a-mole style, target countries can compensate for addressing some violations by reducing their compliance with other norms that are not the focus of enforcement. Posner closes by arguing that foreign aid provides a better model for pressuring governments to improve their treatment of citizens. Under the foreign aid regime, western countries look at overall indicators of well-being in other countries—such as per capita GDP—and offer aid based on whether it is likely to help people escape poverty. Governments that make progress in reducing poverty should be deemed in compliance with their human rights obligations, and we should not waste time trying to enforce more specific rights like freedom of the press or the right to privacy.

In addition to offering a powerful and provocative thesis, this is a concise introduction to international human rights law. Posner describes the major treaties and the major international organizations; the evidence regarding the effect of human rights treaties on the behavior of governments; and recent international controversies over human rights such as the United States' use of torture, China's persecution of political dissidents, and the debate over the alleged right against defamation of religion.

Philosophical Foundations of Constitutional Law

Edited by David Dyzenhaus and Malcolm Thorburn

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime.

Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law.

The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

The Law of the Executive Branch: Presidential Power

by Louis Fisher

The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.

The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.