Hybrid Constitutions

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Release : 2010-01-27
Genre : Political Science
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Book Rating : 619/5 ( reviews)

Hybrid Constitutions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hybrid Constitutions write by Vicki Hsueh. This book was released on 2010-01-27. Hybrid Constitutions available in PDF, EPUB and Kindle. In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Hybrid Constitutionalism

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Release : 2019-04-25
Genre : Law
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Book Rating : 92X/5 ( reviews)

Hybrid Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hybrid Constitutionalism write by Eric C. Ip. This book was released on 2019-04-25. Hybrid Constitutionalism available in PDF, EPUB and Kindle. Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Hybrid Constitutionalism

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Release : 2019-04-25
Genre : Law
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Book Rating : 825/5 ( reviews)

Hybrid Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hybrid Constitutionalism write by Eric C. Ip. This book was released on 2019-04-25. Hybrid Constitutionalism available in PDF, EPUB and Kindle. This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

How Constitutions Change

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Release : 2011-08-09
Genre : Law
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Book Rating : 88X/5 ( reviews)

How Constitutions Change - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook How Constitutions Change write by Dawn Oliver. This book was released on 2011-08-09. How Constitutions Change available in PDF, EPUB and Kindle. This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

The Federal and State Constitutions

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Release : 1909
Genre : Charters
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Book Rating : /5 ( reviews)

The Federal and State Constitutions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Federal and State Constitutions write by Francis Newton Thorpe. This book was released on 1909. The Federal and State Constitutions available in PDF, EPUB and Kindle.