Constitutional Conflicts

Analyzes the impact of the Supreme Court's constitutional decisions and its judicial review of statutes on lawmaking in Congress.

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned fe

Analyzes the impact of the Supreme Court's constitutional decisions and its judicial review of statutes on lawmaking in Congress.

The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive

Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many

A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary l

The meaning and significance of the Supreme Court's 2002-2003 term are explored in a collection of essays that focuses on individual justices, court practices, and some of the most important rulings d

Although the federal appointment of U.S. judges and executive branch officers has consistently engendered controversy, previous studies of the process have been limited to particular dramatic conflict

Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and t

This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kev

A collection of essays on capital punishment reflects on the most recent legal developments and procedures, considering such topics as the public's opinion about the death penalty, its practice in lig

Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, "The People's Darling Privilege" re

In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments

Government seizure of the nation’s strikebound steel mills on 8 April 1952 stands as one of President Harry S Truman’s most controversial actions, representing an unprecedented use of pre

From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.

From Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.

"Analyzing the origins of conflicts and wars in the Persian Gulf, this study assesses the conflicts' shared trajectories and fallouts. Although the origins of conflicts are varied (sectarian, religiou

The classic text on resolving workplace conflicts, fully revised and updatedResolving Conflicts at Work is a guide for preventing and resolving conflicts, miscommunications, and misunderstandings at w

Constructive Conflicts provides a framework for analyzing social conflicts of all kinds, with emphasis on how conflicts can lead to positive change. The fifth edition features new material on the role

Constructive Conflicts provides a framework for analyzing social conflicts of all kinds, with emphasis on how conflicts can lead to positive change. The fifth edition features new material on the role

It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.

This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. The substantive focus of the book is the role of constitutional courts in democracies where the armed forces are fighting internal armed conflicts of different types: Colombia, Peru, and Mexico in Latin America and also Israel, Turkey, and Pakistan. Through detailed analyses of the political context, civil-military relations, and the constitutional jurisprudence on military autonomy and the regulation of the use of force the book shows that constitutional courts can be instrumental in striking a democratically accepted balance between the exercise of civilian authority and the legitimate needs of the military in its pursuit of order a

It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.

This book offers a new theoretical framework for understanding the mediator role played by constitutional courts in democratic conflict solving. The book proposes an informational theory of constitutional review in which constitutional courts obtain, process, and transmit information to parties in a way that reduces the uncertainty causing their conflict. The substantive focus of the book is the role of constitutional courts in democracies where the armed forces are fighting internal armed conflicts of different types: Colombia, Peru, and Mexico in Latin America and also Israel, Turkey, and Pakistan. Through detailed analyses of the political context, civil-military relations, and the constitutional jurisprudence on military autonomy and the regulation of the use of force the book shows that constitutional courts can be instrumental in striking a democratically accepted balance between the exercise of civilian authority and the legitimate needs of the military in its pursuit of order a

Epistemologies of African Conflicts is a bold and ground-breaking epistemological critique of the dominant discourses on contemporary African conflicts. Using the Sierra Leone civil war as its empiric

What are the costs of wars and conflicts—and why do governments of nation states continue to incur them? Using detailed examples drawn from recent conflicts in the Persian Gulf, this book explains how

This Element seeks to make sense of Southeast Asia's numerous armed conflicts. It makes four contributions. First, this study provides a typology, distinguishing between revolutionary, secessionist, and communal conflicts. The first two are types of insurgencies, while the latter are ethnic conflicts. Second, this study emphasizes the importance of ethnicity in shaping conflict dynamics. This is true even for revolutionary conflicts, which at first glance may appear unrelated to ethnicity. A third contribution relates to broad conflict trends. Revolutionary and secessionist conflicts feature broad historical arcs, with clear peaks and declines, while communal conflicts occur more sporadically. The fourth contribution ties these points together by focusing on conflict management. Just as ethnicity shapes conflicts, ethnic leaders and traditions can also promote peace. Cultural mechanisms are especially important for managing communal conflicts, the lone type not declining in Southeast A

While all armed conflicts are marked by violations of international humanitarian law, non-international armed conflicts appear to be characterised by even more serious violations of international huma

Also available as an e-bookLa doctrine et la jurisprudence la plus recente relevent de plus en plus les limites de l’utilisation de la nationalite du navire dans la solution des conflits de loi et l’i

Middle East Conflicts: The Basics is an accessible and balanced introduction to the various conflicts which have plagued the Middle East since the Second World War. It examines the cultural, social an

Middle East Conflicts: The Basics is an accessible and balanced introduction to the various conflicts which have plagued the Middle East since the Second World War. It examines the cultural, social an

Cities have emerged as the epicentres for many of today's ethno-national and religious conflicts. In twelve multidisciplinary essays, Locating Urban Conflicts: Ethnicity, Nationalism and the Everyday

Social conflicts are ubiquitous and inherent in organized social life. This volume examines the origins and regulation of violent identity conflicts. It focuses on the regulation of conflict: the cons

Internal security crises, from environmental disaster, extreme poverty and deprivation, armed conflicts, or ethnic or religious conflict, provide sites of opportunity for those seeking to internationa

In the recent years, the interstate wars have declined and intrastate wars/ internal conflicts are on rise. Impacts of internal conflicts are no longer limited within a nation state, they incur intern