Constitutionalism and Democracy Transitions in the Contemporary World

by Greenberg, Douglas; Katz, Stanley N.; Wheatley, Steven C.; Oliviero, Melanie Beth

• ISBN13: 9780195071078
• ISBN10: 0195071077
• Format: Hardcover
• Copyright: 1993-07-08
• Publisher: Oxford University Press

Summary

The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Table of Contents

Contributors	p. ix
Introduction	p. xv
Transitions
Constitutions, Constitutionalism, and Democracy	p. 3
Constitutionalism in Europe Since 1945: Reconstruction and Reappraisal	p. 26
Transition to Democracy, Corporatism, and Presidentialism with Special Reference to Latin America	p. 46
Constitutions Without Constitutionalism: Reflections on an African Political Paradox	p. 65
Human Rights
Human Rights in Constitutional Order and in Political Practice in Latin America	p. 85
The National Question, Secession and Constitutionalism: The Mediation of Competing Claims to Self-Determination	p. 105
European Courts and Human Rights	p. 126
Social Movements, Constitutionalism, and Human Rights: Comments from the Malaysian and Indonesian Experiences	p. 139
Pluralism and Nationalism
Uses and Usurpation of Constitutional Ideology	p. 159
Social Movements and Constitutionalism: The African Context	p. 172
The Theory of the State in the Third World and the Problematics of Constitutionalism	p. 186
Constitutionalism and The Nationalist Discourse: The Indian Experience	p. 197
Institutional Arrangements
Reconstructing Political Space: Militarism and Constitutionalism in Africa	p. 215
Providing for the Common Defense: What Latin American Constitutions Have to Say About The Region's Armed Forces	p. 235
Parliamentary Democracy in Europe 1992: Tentative Questions and Answers	p. 349
Constitutional Conundrums in Europe
The Necessity and Impossibility of Simultaneous Economic and Political Reform	p. 267
Parliamentary Crisis and How to Strengthen Democracy	p. 275
Iberian Case Study: The Constitutionalism of Democratization	p. 287
The Role of the State: Contradictions in the Transition to Democracy	p. 300
Perspectives on the Current Constitutional Situation in Poland	p. 312
Rule by Law in East Central Europe: Is The Emperor's New Suit a Straightjacket?	p. 321
Reflections on Constitutionalism
Latin America: Constitutionalism and the Political Traditions of Liberalism and Socialism	p. 339
Constitutionalism: A Timely Revival	p. 354
The Crisis of Constitutionalism: South Asian Perspectives	p. 361
Constitutionalism in Africa: Some Conclusions	p. 366
Index	p. 379
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