The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Co
Citizens, political leaders, and scholars invoke the term 'democracy' to describe present-day states without grasping its roots or prospects in theory or practice. This book clarifies the political discourse about democracy by identifying that its primary focus is human activity, not consent. It points out how democracy is neither self-legitimating nor self-justifying and so requires critical, ethical discourse to address its ongoing problems, such as inequality and exclusion. Wallach pinpoints how democracy has historically depended on notions of goodness to ratify its power. The book analyses pivotal concepts of democratic ethics such as 'virtue', 'representation', 'civil rightness', 'legitimacy', and 'human rights' and looks at them as practical versions of goodness that have adapted democracy to new constellations of power in history. Wallach notes how democratic ethics should never be reduced to power or moral ideals. Historical understanding needs to come first to highlight the p
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 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.
While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.
Who has the right to a safe and protected childhood? Incarcerated Childhood and the Politics of Unchilding deepens understanding of children as political capital in the hands of those in power, critically engaging children's voices alongside archival, historical, and ethnographic material in Palestine. Offering the concept of unchilding', Shalhoub-Kevorkian exposes the political work of violence designed to create, direct, govern, transform, and construct colonized children as dangerous, racialized others, enabling their eviction from the realm of childhood itself. Penetrating children's everyday intimate spaces and, simultaneously, their bodies and lives, unchilding works to enable a complex machinery of violence against Palestinian children: imprisonment, injuries, loss, trauma, and militarized political occupation. At the same time as the book documents violations of children's rights and the consequences this has for their present and future well-being, it charts children's resista
Citizens, political leaders, and scholars invoke the term 'democracy' to describe present-day states without grasping its roots or prospects in theory or practice. This book clarifies the political discourse about democracy by identifying that its primary focus is human activity, not consent. It points out how democracy is neither self-legitimating nor self-justifying and so requires critical, ethical discourse to address its ongoing problems, such as inequality and exclusion. Wallach pinpoints how democracy has historically depended on notions of goodness to ratify its power. The book analyses pivotal concepts of democratic ethics such as 'virtue', 'representation', 'civil rightness', 'legitimacy', and 'human rights' and looks at them as practical versions of goodness that have adapted democracy to new constellations of power in history. Wallach notes how democratic ethics should never be reduced to power or moral ideals. Historical understanding needs to come first to highlight the p
Who has the right to a safe and protected childhood? Incarcerated Childhood and the Politics of Unchilding deepens understanding of children as political capital in the hands of those in power, critically engaging children's voices alongside archival, historical, and ethnographic material in Palestine. Offering the concept of unchilding', Shalhoub-Kevorkian exposes the political work of violence designed to create, direct, govern, transform, and construct colonized children as dangerous, racialized others, enabling their eviction from the realm of childhood itself. Penetrating children's everyday intimate spaces and, simultaneously, their bodies and lives, unchilding works to enable a complex machinery of violence against Palestinian children: imprisonment, injuries, loss, trauma, and militarized political occupation. At the same time as the book documents violations of children's rights and the consequences this has for their present and future well-being, it charts children's resista
The recognition of Indigenous rights and the management of land andresources have always been fraught with complex power relations andconflicting expressions of identity. In Indigenous Encounters with
Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian poli
One of the most innovative and ambitious books to appear on the civil rights and black power movements in America, Just My Soul Responding also offers a major challenge to conventional histories of c
Democracy and its Elected Enemies reveals that American politicians have usurped their constitutional authority, substituting their economic and political sovereignty for the people's. This has been accomplished by creating an enormous public service sector operating in the material interest of politicians themselves and of their big business and big social advocacy confederates to the detriment of workers, the middle class and the non-political rich, jeopardizing the nation's security in the process. Steven Rosefielde and Daniel Quinn Mills contend that this usurpation is the source of America's economic decline and fading international power, and provide an action plan for restoring 'true' democracy in which politicians only provide the services people vote for within the civil and property rights protections set forth in the constitution.
How do Family and Medical Leave Act rights operate in practice in the courts and in the workplace? This empirical study examines how institutions and social practices transform the meaning of these rights to recreate inequality. Workplace rules and norms built around the family wage ideal, the assumption that disability and work are mutually exclusive, and management's historical control over time all constrain opportunities for social change. Yet workers can also mobilize rights as a cultural discourse to change the social meaning of family and medical leave. Drawing on theoretical frameworks from social constructivism and new institutionalism, this study explains how institutions transform rights to recreate systems of power and inequality but at the same time also provide opportunities for law to change social structure. It provides a fresh look at the perennial debate about law and social change by examining how institutions shape the process of rights mobilization.
Using institutional economics, Professors Alston and Ferrie show how paternalism in Southern agriculture helped shape the growth of the American welfare state in the hundred years following the Civil War. It was an integral part of agricultural contracts prior to mechanization. Paternalism involved the exchange of 'good and faithful' labour services for a variety of in-kind services, most notably protection from physical violence. The Southern landed elite valued paternalism because it reduced monitoring costs and turnover. Workers valued paternalism because of the lack of civil rights. In order to maintain the value of paternalism to their workers, the agricultural interests needed to prevent meddling from the federal government, which they accomplished through their disproportionate political power. Only the advent of mechanization and complementary technology in the late 1950s and early 1960s finally reduced the desire of Southern agricultural interests to fight the expansion of fed
Why do authoritarian regimes survive? How do dictators fail? What role do political institutions play in these two processes? Many of the answers to these questions can be traced to the same source: the interaction between institutions and preferences. Using Egypt as a case study, Professor Mahmoud Hamad describes how the synergy between judges and generals created the environment for the present government and a delicate balance for its survival. The history of modern Egypt is one of the struggle between authoritarian governments, and forces that advocate for more democratic rights. While the military has provided dictatorial leaders, the judiciary provides judges who have the power to either support or stymie authoritarian power. Judges and Generals in the Making of Modern Egypt provides a historically grounded explanation for the rise and demise of authoritarianism, and is one of the first studies of Egypt's judicial institutions within a single analytical framework.
Democracy and its Elected Enemies reveals that American politicians have usurped their constitutional authority, substituting their economic and political sovereignty for the people's. This has been accomplished by creating an enormous public service sector operating in the material interest of politicians themselves and of their big business and big social advocacy confederates to the detriment of workers, the middle class and the non-political rich, jeopardizing the nation's security in the process. Steven Rosefielde and Daniel Quinn Mills contend that this usurpation is the source of America's economic decline and fading international power, and provide an action plan for restoring 'true' democracy in which politicians only provide the services people vote for within the civil and property rights protections set forth in the constitution.
As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society. Although constitutions establish legal and political structures of government institutions and provide tools for rights protection, they do not operate in a vacuum divorced from the games of power and the political realities surrounding them. Here, Shah sets out how constitutions operate and evolve, and demonstrates how constitutional provisions can produce unintended consequences over time. A vital new source of scholarship for students and scholars of law and religion, and comparative constitution
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
