Constitutionalism and Political Reconstruction by Arjomand, S.A., Said Amir Arjomand

By Arjomand, S.A., Said Amir Arjomand

This publication deals a distinct interdisciplinary comparability of the dominant tendencies in constitutional advancements and criminal switch throughout diverse areas of the realm within the final part century, bringing jointly the constitution-making of the post-colonial period with the post-communist political reconstruction and globalization of constitutionalism.

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39–82. —— 1993 “Religion and Constitutionalism in Western History and in Modern Iran and Pakistan,” in S. A. , The Political Dimensions of Religion, Albany: State University of New York Press, pp. 69–99. 4, pp. 502–20. Beer, L. , ed. 1992 Constitutional Systems in Late Twentieth Century Asia, Seattle: Washington University Press. Brown, N. J. 2002 Constitutions in a Nonconstitutional World: Arab basic laws and the prospects for accountable government, Albany: SUNY Press. Bryde, Brun-Otto 1999a “The Role of Constitutional Jurisprudence in German Democracy, ” in G.

The increasingly repressive use of courts is the opposite of the rule of law—not only in the ampliÀed, new sense, but also in the old sense of the Rechtsstaat, as it involves frequent violation of due process and other legal formalities. The requirement by law that the European constitutional courts justify their decisions in writing has turned them into engines of legal rationalization and institutional development. (Stone Sweet 2000: 144–45). By contrast, the Iranian Council of Guardians is not required to give written judgments and very rarely gives legal reasons for its vetoes.

Legal transplantation obviously plays a major role in the transmission of the constitutionalist tradition. Go elaborates on the transmission of two distinct constitutional models to the former British and French colonies in Chapter 4, while Sólyom offers us valuable insights into the transmission of German neo-constitutionalist jurisprudence to Central Eastern Europe in Chapter 12. But we also Ànd examples of legal transplants of a less obvious—and for that reason, analytically more interesting—kind: transplanation across different eras in constitutional history.

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