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Constitutional law --- Constitutional history --- Postwar reconstruction --- Droit constitutionnel --- Histoire constitutionnelle --- Reconstruction d'après-guerre --- Sistani, 'Ali al-Husayni. --- Bremer, L. Paul. --- Iraq --- Irak --- Politics and government --- Politique et gouvernement --- Sīstānī, ʻAlī al-Ḥusaynī. --- Politics and government. --- Reconstruction d'après-guerre --- Sīstānī, ʻAlī al-Ḥusaynī.

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Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the 18th Century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.

Constitutions --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Limitations, Constitutional --- Associations, institutions, etc. --- Cross-cultural studies --- Interpretation and construction --- Public law --- Administrative law --- Law --- Constitutional history. --- Revolutions. --- Regime change. --- Histoire constitutionnelle --- Révolutions --- Changements de gouvernement par une intervention étrangère --- Change, Regime --- Political violence --- Interim governments --- Legitimacy of governments --- Insurrections --- Rebellions --- Revolts --- Revolutionary wars --- History --- Political science --- War --- Government, Resistance to --- Constitutional history, Modern --- Révolutions --- Changements de gouvernement par une intervention étrangère

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Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Hongrie --- Turquie --- France --- Colombie --- Pologne --- Bulgarie --- Afrique du Sud --- Venezuela

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Habermas on Law and Democracy: Critical Exchanges provides a provocative debate between Jurgen Habermas and a wide range of his critics on Habermas's contribution to legal and democratic theory in his recently published Between Facts and Norms. The final essay of this volume is a thorough and lengthy reply by Habermas that not only joins issue with the most important arguments raised throughout the preceding essays but also further refines some of the key contributions made by Habermas in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.

Law --- -Sociological jurisprudence --- Democracy --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Philosophy --- Habermas, Jurgen --- Habŏmasŭ, Wirŭgen --- Habŏmasŭ --- Khabermas, I︠U︡. --- Khabermas, I︠U︡rgen --- Ha-pei-ma-ssu, Yu-erh-ken --- Habeimasi --- הברמאס, יורגן --- יורגן הברמס --- 哈贝马斯 --- Legal theory and methods. Philosophy of law --- Habermas, Jürgen --- Democracy. --- Sociological jurisprudence. --- Philosophy. --- Democratie --- Droit--Sociologie --- Démocratie --- Gerechtelijke sociologie --- Inspraak in het beleid --- Law--Sociology --- Overlegcultuur --- Recht--Sociologie --- Rechtssociologie --- Sociological jurisprudence --- Sociologie du droit --- Sociologie juridique --- Sociologie van het recht --- Habermas, Jürgen. --- Habermas, Jürgen. --- Habermas, Jürgen

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Habermas on Law and Democracy: Critical Exchanges provides a provocative debate between Jurgen Habermas and a wide range of his critics on Habermas's contribution to legal and democratic theory in his recently published Between Facts and Norms. The final essay of this volume is a thorough and lengthy reply by Habermas that not only joins issue with the most important arguments raised throughout the preceding essays but also further refines some of the key contributions made by Habermas in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age.

Law --- Sociological jurisprudence --- Democracy --- Sociological jurisprudence. --- Democracy. --- Law, Politics & Government --- Law, General & Comparative --- Self-government --- Political science --- Equality --- Representative government and representation --- Republics --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Philosophy --- Philosophy. --- Habermas, Jürgen. --- Habermas, Jürgen --- Habŏmasŭ, Wirŭgen --- Habŏmasŭ --- Khabermas, I︠U︡. --- Khabermas, I︠U︡rgen --- Ha-pei-ma-ssu, Yu-erh-ken --- Habeimasi --- הברמאס, יורגן --- יורגן הברמס --- 哈贝马斯