Adjudicating Revolution


Book Description

Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.




The Power of Legality


Book Description

From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.




Adjudicating Family Law in Muslim Courts


Book Description

While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.




Waitangi & Indigenous Rights


Book Description

This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.




The Post-Soviet as Post-Colonial


Book Description

Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.




Guardians of the Revolution


Book Description

For over a quarter century, Iran has been one of America's chief nemeses. Ever since Ayatollah Khomeini overthrew the Shah in 1979, the relationship between the two nations has been antagonistic: revolutionary guards chanting against the Great Satan, Bush fulminating against the Axis of Evil, Iranian support for Hezbollah, and President Ahmadinejad blaming the U.S. for the world's ills. The unending war of words suggests an intractable divide between Iran and the West, one that may very well lead to a shooting war in the near future. But as Ray Takeyh shows in this accessible and authoritative history of Iran's relations with the world since the revolution, behind the famous personalities and extremist slogans is a nation that is far more pragmatic--and complex--than many in the West have been led to believe. Takeyh explodes many of our simplistic myths of Iran as an intransigently Islamist foe of the West. Tracing the course of Iranian policy since the 1979 revolution, Takeyh identifies four distinct periods: the revolutionary era of the 1980s, the tempered gradualism following the death of Khomeini and the end of the Iran-Iraq war in 1989, the "reformist" period from 1997-2005 under President Khatami, and the shift toward confrontation and radicalism since the election of President Ahmadinejad in 2005. Takeyh shows that three powerful forces--Islamism, pragmatism, and great power pretensions--have competed in each of these periods, and that Iran's often paradoxical policies are in reality a series of compromises between the hardliners and the moderates, often with wild oscillations between pragmatism and ideological dogmatism. The U.S.'s task, Takeyh argues, is to find strategies that address Iran's objectionable behavior without demonizing this key player in an increasingly vital and volatile region. With its clear-sighted grasp of both nuance and historical sweep, Guardians of the Revolution will stand as the standard work on this controversial--and central--actor in world politics for years to come.




Social Memory, Silenced Voices, and Political Struggle


Book Description

This volume focuses on the cultural memory and mediation of the 1964 Zanzibar revolution, analyzing it’s continuing reverberations in everyday life. The revolution constructed new conceptions of community and identity, race and cultural belonging, as well as instituting different ideals of nationhood, citizenship, sovereignty. As the commemoration of the 50th anniversary of the revolution revealed, the official versions of events have shifted significantly over time and the legacy of the uprising is still deeply contested. In these debates, the question of Zanzibari identity remains very much at stake: Who exactly belongs in the islands and what historical processes brought them there? What are the boundaries of the nation, and who can claim to be an essential part of this imagined and embodied community? Political belonging and power are closely intertwined with these issues of identity and history—raising intense debates and divisions over precisely where Zanzibar should be situated within the national order of things in a postcolonial and interconnected world. Attending to narratives that have been overlooked, ignored, or relegated to the margins, the authors of these essays do not seek to simply define the revolution or to establish its ultimate meaning. Instead, they seek to explore the continuing echoes and traces of the revolution fifty years on, reflected in memories, media, and monuments. Inspired by interdisciplinary perspectives from anthropology, history, cultural studies, and geography, these essays foreground critical debates about the revolution, often conducted sotto voce and located well off the official stage—attending to long silenced questions, submerged doubts, rumors and secrets, or things that cannot be said.




30 Years since the Fall of the Berlin Wall


Book Description

The year 2019 marks 30 years since the fall of the Berlin wall. This symbolic event led to German unification and the collapse of communist party rule in countries of the Soviet-led Eastern bloc. Since then, the post-communist countries of Central, Eastern and South-eastern Europe have tied their post-communist transition to deep integration into the West, including EU accession. Most of the states in Central and Eastern Europe have been able to relatively successfully transform their previous communist political and economic systems. In contrast, the non-Baltic post-Soviet states have generally been less successful in doing so. This book, with an internationally respected list of contributors, seeks to address and compare those diverse developments in communist and post-communist countries and their relationship with the West from various angles. The book has three parts. The first part addresses the progress of post-communist transition in comparative terms, including regional focus on Eastern and South Eastern Europe, CIS and Central Asia. The second focuses on Russia and its foreign relationship, and internal politics. The third explores in detail economies and societies in Central Asia. The final part of the book draws some historical comparisons of recent issues in post-communism with the past experiences.




Constitutional Revolution


Book Description

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.




American Revolution [5 volumes]


Book Description

With more than 1,300 cross-referenced entries covering every aspect of the American Revolution, this definitive scholarly reference covers the causes, course, and consequences of the war and the political, social, and military origins of the nation. This authoritative and complete encyclopedia covers not only the eight years of the American Revolutionary War (1775–1783) but also the decades leading up to the war, beginning with the French and Indian War, and the aftermath of the conflict, with an emphasis on the early American Republic. Volumes one through four contain a series of overview essays on the causes, course, and consequences of the American Revolution, followed by impeccably researched A–Z entries that address the full spectrum of political, social, and military matters that arose from the conflict. Each entry is cross-referenced to other entries and also lists books for further reading. In addition, there is a detailed bibliography, timeline, and glossary. A fifth volume is devoted to primary sources, each of which is accompanied by an insightful introduction that places the document in its proper historical context. The primary sources help readers to understand the myriad motivations behind the American Revolution; the diplomatic, military, and political maneuvering that took place during the conflict; and landmark documents that shaped the founding and early development of the United States.