Constitutionalism and Political Reconstruction

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The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law.

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Product Details

Meet the Author

Saïd Amir Arjomand (Ph.D, University of Chicago, 1980) is Distinguished Service Professor of Sociology at the State University of New York at Stony Brook. He is the founder and President (1996-2002, 2005-08) of the Association for the Study of Persianate Societies. His books include The Shadow of God and the Hidden Imam (Chicago, l984), and The Turban for the Crown (Oxford, 1988). He is currently a Carnegie Scholar working on the constitutional history of the Middle East.
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Table of Contents

Preface     ix
Constitutional Development and Political Reconstruction from Nation-building to New Constitutionalism   Said Amir Arjomand     3
Nation-Building, Modernization and Post-Colonial Reconstruction
Regimes Reinventing Themselves: Constitutional Development in the Arab World   Nathan Brown     47
Constitutions and Political Reconstruction? Israel's Quest for a Constitution   Ruth Gavison     69
A Globalizing Constitutionalism? Views from the Postcolony, 1945-2000   Julian Go     89
The Rule of Law and Politics of Reform in Post-Revolutionary Iran   Keyvan Tabari     115
Post-Colonial Collages: Distributions of Power and Constitutional Models, with Special Reference to South Africa   Heinz Klug     139
Constitutional Engineering and Impact: the Case of Fiji   Jill Cottrell   Yash Ghai     159
Constitutional Reconstruction Since the Fall of Communism
Parliament and the Political Class in the Constitutional Reconstruction of Poland: Two Constitutions in One   Jacek Kurczewski     195
Constitutionalism and the Presidency in the Russian Federation   Anders Fogelklou     217
Institutional Innovations and Moral Foundations of Constitutionalism in East Central Europe: Coping with the Past Human Rights Violations   GrazynaSkapska     237
The Constitution in the Process of Denationalization   Dieter Grimm     261
Constitutional Courts and the New Constitutionalism
The Role of Constitutional Courts in the Transition to Democracy, with Special Reference to Hungary   Laszlo Solyom     285
Constitutional Negotiations: Political Contexts of Judicial Activism in Post-Soviet Europe   Kim Lane Scheppele     315
Women and the Cost of Transition to Democratic Constitutionalism in Spain   Ruth Rubio-Marin     337
Dissolution of Political Parties by the Constitutional Court in Turkey: Judicial Delimitation of the Political Domain   Dicle Kogacioglu     357
List of Contributors     379
Index     383
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