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A Troubled Constitutional Future

Author: Mary C. Murphy

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9781788214117

The UK's decision to leave the EU has opened up huge existential questions for Northern Ireland as it marks its centenary. Constitutional conflict in Northern Ireland had been regarded as largely resolved and settled, but Brexit has altered the wider constitutional framework within which the 1998 Good Friday Agreement is situated. With the question of Irish unity gaining renewed and sustained traction, and with trade, relationships and politics across "these islands" in a state of flux, Northern Ireland approaches a constitutional moment. Murphy and Evershed examine the factors, actors and dynamics that are most likely to be influential, and potentially transformative, in determining Northern Ireland's constitutional future. This book offers an assessment of how Brexit and its fallout may lead to constitutional upheaval, and a cautionary warning about the need to prepare for it.

Future Tense

Author: Tony Leon

Publisher: Jonathan Ball Publishers

Published: 2021-03-03

Total Pages: 295

ISBN-13: 1776190750

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'From the vantage point of years in active politics, Tony Leon provides a lucid analytical balance sheet of SA Ltd 2021. Eschewing political correctness, Leon tells it as he sees it.' – Judge Dennis Davis 'Anyone who wants to understand South Africa today – a country so beautiful, yet so broken – simply has to read this book.' - Niall Ferguson, author of The Ascent of Money In his riveting new book, Future Tense, Tony Leon captures and analyses recent South African history, with a focus on the squandered and corrupted years of the past decade. With unique access and penetrating insight, Leon presents a portrait of today's South Africa and prospects for its future,based on his political involvement over thirty years with the key power players: Cyril Ramaphosa, Jacob Zuma, Thabo Mbeki, Nelson Mandela and FW de Klerk. His close-up and personal view of these presidents and their history-making, and many encounters in the wider world, adds vivid colour of a country and planet in upheaval. Written during the first coronavirus lockdown, Future Tense examines the surge of the disease and the response, both of which have crashed the economy and its future prospects. As the founding leader of the Democratic Alliance, Leon also provides an insider view for the first time of the power struggles within that party, which saw the exit of its first black leader in 2019. There is every reason to fear for the future of South Africa but, as Leon argues, 'the hope for a better country remains an improbable, but not an impossible, dream'.

Constitution 3.0

Author: Jeffrey Rosen

Publisher: Rowman & Littlefield

Published: 2011-11-11

Total Pages: 284

ISBN-13: 0815722133

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At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Constitutional Democracy in Crisis?

Author: Mark A. Graber

Publisher: Oxford University Press

Published: 2018-08-23

Total Pages: 352

ISBN-13: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

A Troubled Sleep

Author: James Waller

Publisher: Oxford University Press

Published: 2021-02-15

Total Pages: 304

ISBN-13: 0190095598

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In contemporary Northern Ireland, more than two decades after the peace agreement that ended the thirty-year sectarian violence known as "the Troubles" the risk of a return to violent conflict is not only present but growing. Drawing on ethnographic fieldwork, comparative research, and over 110 hours of face-to-face interviews with a diverse range of political, academic, civil society, and community actors across Northern Ireland, A Troubled Sleep revisits one of the world's most deeply divided societies to analyze Northern Ireland's current vulnerabilities, and points of resilience, as an allegedly "post-conflict" society. By examining the Northern Ireland example, Waller presents deep insight into what happens when identity politics prevail over democracy, when a paralysis in governance leads to a political vacuum for extremist voices to exploit, when de facto social segregation becomes normalized, when acclimatization to violence becomes a generational legacy, and when questions of who we are become secondary to who we are not.

The Words That Made Us

Author: Akhil Reed Amar

Publisher: Basic Books

Published: 2021-05-04

Total Pages: 816

ISBN-13: 0465096360

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A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

Out of Range

Author: Mark V. Tushnet

Publisher: Oxford University Press

Published: 2007-09-05

Total Pages: 176

ISBN-13: 9780199813711

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Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

Author: Eric Foner

Publisher: W. W. Norton & Company

Published: 2019-09-17

Total Pages: 288

ISBN-13: 0393652580

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From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.

Comparative Federalism

Author: Félix Mathieu

Publisher: Springer Nature

Published:

Total Pages: 381

ISBN-13: 3031510933

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