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    • Publisher:
      Cambridge University Press
      Publication date:
      05 August 2016
      30 August 2016
      ISBN:
      9781316651018
      9781107154797
      9781316608357
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.74kg, 442 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.62kg, 446 Pages
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    Book description

    From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

    Reviews

    'Essays from a variety of perspectives and case studies from Africa, Europe, Latin America, the Middle East, and Asia explore a varied array of constitutional histories, and indicate that complex ideas of constitutional success play out differently in different contexts.'

    Source: Law and Social Inquiry

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    Contents

    • Frontmatter
      pp i-vi
    • Contents
      pp vii-viii
    • List of figures
      pp ix-ix
    • List of tables
      pp x-x
    • List of contributors
      pp xi-xii
    • Acknowledgments
      pp xiii-xiv
    • INTRODUCTION
      pp 1-2
    • 1 - Assessing constitutional performance
      pp 3-36
    • PART I - DEFINING CONSTITUTIONAL PERFORMANCE
      pp 37-38
    • 2 - Hippocratic constitutional design
      pp 39-70
    • 4 - When is a constitution doing well? The Alberdian test in the Americas
      pp 99-133
    • 5 - Parties and constitutional performance
      pp 134-142
    • PART II - MANAGING SPECIFIC CONSTITUTIONAL CHALLENGES
      pp 143-144
    • 6 - Constitutional performance in transitions from military to civilian rule
      pp 145-170
    • 7 - Constitutional permissiveness, constitutional restrictiveness, and religious freedom
      pp 171-202
    • 8 - Performance of constitutions: Transitional provisions
      pp 203-232
      • By Sumit Bisarya, International Institute for Democracy and Electoral Assistance
    • 9 - Time and constitutional efficacy
      pp 233-267
    • 10 - Competitive democracy and the constitutional minimum core
      pp 268-292
    • PART III - CASE STUDIES
      pp 293-294
    • 11 - Ambedkar's constitution: Promoting inclusion, opposing majority tyranny
      pp 295-336
    • 12 - Assessing the Constitution of Kenya 2010 five years later
      pp 337-364
    • 13 - The Arab Spring constitutions: For whose benefit?
      pp 365-392
    • 14 - Stability in flexibility: A British lens on constitutional success
      pp 393-420
    • Index
      pp 421-431

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