Executive Decree Authority


Book Description

This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.




Reasoned Administration and Democratic Legitimacy


Book Description

Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.




State of Exception


Book Description

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.




War and the Art of Governance


Book Description

Success in war ultimately depends upon the consolidation of political order. Consolidating the new political order is not separate from war, rather Nadia Schadlow argues that governance operations are an essential component of victory. Despite learning this the hard way in past conflicts from the Mexican War through Iraq and Afghanistan, US policymakers and the military have failed to institutionalize lessons about post-conflict governance and political order for future conflicts. War and the Art of Governance distills lessons from fifteen historical cases of US Army military intervention and governance operations from the Mexican War through the wars in Iraq and Afghanistan. Improving outcomes in the future will require US policymakers and military leaders to accept that the political dimension is indispensable across the full spectrum of war. Plans, timelines, and resources must be shaped to reflect this reality before intervening in a conflict, not after things start to go wrong. The American historical experience suggests that the country's military will be sent abroad again to topple a regime and install a new government. Schadlow provides clear lessons that must be heeded before next time.







The Code of Canon Law


Book Description




Comparative Constitutional Design


Book Description

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.




Politics and Governance in Indonesia


Book Description

How does an authoritarian state reform its police force following a transition to democracy? In 1998, Indonesia, the third largest country in the world, faced just such a challenge. Policing had long been managed under the jurisdiction of the military, as an instrument of the Suharto regime – and with Suharto abruptly removed from office, this was about to change. Here we see how it changed, and how far these changes were for the better. Based on direct observations by a scholar who was involved in the last days of the New Order and who saw how the police responded to regime change, this book examines the police, the new regime, and how the police was disassociated from the military in Indonesia. Providing a comprehensive historical overview of the position of police in this change of regime, the book focuses on two key areas: the differences between local and national levels, and the politicisation associated with decentralisation. Arguing that the disassociation of the Indonesian National Police from the military has achieved only limited success, the book contends that there is continued impetus for the establishment of a professional police force and modern and democratic policing, which will entail effective public control of the police. A pioneering study of the police in Indonesia, examining key issues in the post-Suharto era, this book will be of interest to scholars of Southeast Asian politics and of policing and politics in the developing world.




The Veiled Sceptre


Book Description

The extension to other Realms of the reserve power to refuse a dissolution




Militant Democracy


Book Description

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.