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Incluye la Nueva redacción del artículo 49 según la reforma de 15 de febrero de 2024 (BOE 17 de febrero de 2024)

This book explores the emergence of the Bahujan Samaj Party (BSP) as an alternative political force in Uttar Pradesh. It focuses on the historical continuity of Dalit social justice movements and organizational politics from pre- to post-colonial India and its subsequent institutionalization as a political force with the rise of the BSP in the state since the 1980s.The volume discusses the new age Dalit–Bahujan politics and its ethnicization of caste groups to create a bahujan samaj. The book analyzes the focused political leadership of Kanshiram and Mayawati, the strong party organization, and how they evolved an empowered Dalit ideology and identity by grassroots mobilization and championing Dalit icons and history. The author also explores the party's strategies, slogans and alliances with other political parties and communities and its political manoeuvrings to retain its influence over the electorate. The book also effectively identifies the reasons for the political marginalization of the BSP in present times in the context of the phenomenal rise of the BJP in the state.The book will be of great interest to researchers and scholars of political science, sociology, Dalit and subaltern studies, exclusion studies and those working on the intersectionality of caste and class. It will also be useful for policy makers, think tanks and NGOs working in the domain of caste, marginality, social exclusion and identity politics.

This book is based on an in-depth conversation with Linda Colley, the Shelby M.C. Davis 1958 Professor of History at Princeton University. Linda Colley is a renowned expert on British, imperial and global history since 1700. After inspiring insights about Colley's teachers and professors who had a strong impact on her future career as a historian, this conversation provides a detailed examination of Colley's research on the global history and present state of constitutions and their impact. This carefully-edited book includes a detailed introduction, questions for discussion at the end of each chapter and connections with other books in the Ideas Roadshow Conversations series. ABOUT IDEAS ROADSHOW CONVERSATIONS: Ideas Roadshow Conversations present a wealth of candid insights from leading experts through a focused yet informal setting. Presented in an engaging conversational format, these books not only explore cutting-edge academic research, but also reveal the inspirations and personal journeys behind the research. They are explicitly designed to provide a unique window into frontline research and scholarship that wouldn't otherwise be experienced through standard lectures and textbooks. Howard Burton holds a PhD in theoretical physics and an MA in philosophy and was the Founding Director of Canada's Perimeter Institute for Theoretical Physics.

Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential powerOne of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain.Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver ‘We the People'sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems.Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.

More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791.In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy.The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century.Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.

When political debates devolve, as they often do these days, into a contest between big-government progressivism and natural rights individualism, Americans tend to appeal to the “self-evident” truths inscribed in the Declaration of Independence and the Constitution. But Peter Lawler and Richard Reinsch remind us that these truths understood in the abstract are untethered from a prior, unwritten constitution presupposed by the Framers—one found in culture, customs, traditions, experiences, and beliefs. A Constitution in Full is Lawler and Reinsch's attempt to return this critical context to US constitutionalism—to recover a political sense of individualism in relation to country, family, religious community, and nature.Power, the authors suggest, is a public trust, not a form of obedience to either majoritarian suppression of particular liberties or the endless rights-claims lodged by autonomous individuals against society. Instead, power is ordered to the demands of a shared political enterprise that emerges from man's social nature. Building on political insights from Alexis de Tocqueville, Orestes Brownson, John Courtney Murray, and others Lawler and Reinsch seek to restore the relational person—the individual grounded in family, work, faith, and community—to a central place in our understanding of republican constitutionalism. Their work promotes the ongoing development of constitutional self-government rooted in our historical, legal, and religious foundations.The shared middle-class values that once united almost all Americans as well as any confidence in democratic deliberation or political liberty are rapidly atrophying. This book aims to rebuild this confidence by helping us think seriously about the complex interplay between political and economic liberties and the relational life of creatures and citizens.

NOW WITH A NEW PREFACE THAT BRINGS THE FRAUGHT GUN-RIGHTS CONTROVERSY UP TO DATEThis accessible legal history describes the way in which the Second Amendment was interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the right to bear arms.This illuminating study traces the transformation of the right to arms from its inception in English and colonial American law to today's impassioned gun-control debate. As historian and legal scholar Patrick J. Charles shows, what the right to arms means to Americans, as well as what it legally protects, has changed drastically since its first appearance in the 1689 Declaration of Rights.Armed in America explores how and why the right to arms transformed at different points in history. The right was initially meant to serve as a parliamentary right of resistance, yet by the ratification of the Second Amendment in 1791 the right had become indispensably intertwined with civic republicanism. As the United States progressed into the 19th century the right continued to change--this time away from civic republicanism and towards the individual-right understanding that is known today, albeit with the important caveat that the right could be severely restricted by the government's police power. Throughout the 20th century this understanding of the right remained the predominant view. But working behind the scenes was the beginnings of the gun-rights movement--a movement that was started in the early 20th century through the collective efforts of sporting magazine editors and was eventually commandeered by the National Rifle Association to become the gun-rights movement known today.Now with a new preface that brings the fraught gun-rights controversy up to date, this book is an invaluable resource for readers looking to sort through the shrill rhetoric surrounding the current gun debate and arrive at an informed understanding of the legal and historical development of the right to arms.

A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars—the award-winning author of We the People.Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy.Ackerman returns to the United States in his last chapter to provide new insights into the Founders'acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors'successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

This accessible legal history describes how the Second Amendment has been interpreted throughout most of American history and shows that today's gun-rights advocates have drastically departed from the long-held interpretation of the constitutional right to bear arms.This illuminating study traces the transformation of the right to arms from its inception in English and colonial American law to today's impassioned gun-control debate. As historian and legal scholar Patrick J. Charles shows, what the right to arms means to Americans, as well as what it legally protects, has changed drastically since its first appearance in the 1689 Declaration of Rights.Armed in America explores how and why the right to arms transformed at different points in history. The right was initially meant to serve as a parliamentary right of resistance, yet by the ratification of the Second Amendment in 1791 the right had become indispensably intertwined with civic republicanism. As the United States progressed into the 19th century the right continued to change--this time away from civic republicanism and towards the individual-right understanding that is known today, albeit with the important caveat that the right could be severely restricted by the government's police power. Throughout the 20th century this understanding of the right remained the predominant view. But working behind the scenes was the beginnings of the gun-rights movement--a movement that was started in the early 20th century through the collective efforts of sporting magazine editors and was eventually commandeered by the National Rifle Association to become the gun-rights movement known today.Readers looking to sort through the shrill rhetoric surrounding the current gun debate and arrive at an informed understanding of the legal and historical development of the right to arms will find this book to be an invaluable resource.

As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics.To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.

If, as many allege, attacking the gap between rich and poor is a form of class warfare, then the struggle against income inequality is the longest running war in American history. To defenders of the status quo, who argue that the accumulation of wealth free of government intervention is an essential feature of the American way, this book offers a forceful answer. While many of those who oppose addressing economic inequality through public policy today do so in the name of freedom, Clement Fatovic demonstrates that concerns about freedom informed the Founding Fathers'arguments for public policy that tackled economic disparities. Where contemporary arguments against such government efforts conceptualize freedom in economic terms, however, those supporting public policies conducive to greater economic equality invoked a more participatory, republican, conception of freedom. As many of the Founders understood it, economic independence, which requires a wide if imperfect distribution of property, is a precondition of the political independence they so profoundly valued.Fatovic reveals a deep concern among the Founders—including Thomas Jefferson, Thomas Paine, and Noah Webster—about the impact of economic inequality on political freedom. America's Founding and the Struggle over Economic Inequality traces this concern through many important political debates in Congress and the broader polity that shaped the early Republic—debates over tax policies, public works, public welfare, and the debt from the Revolution. We see how Alexander Hamilton, so often characterized as a cold-hearted apologist for plutocrats, actually favored a more progressive system of taxation, along with various policies aimed at easing the economic hardship of specific groups. In Thomas Paine, frequently portrayed as an advocate of laissez-faire government, we find a champion of a comprehensive welfare state that would provide old-age pensions, public housing, and a host of other benefits as a matter of'right, not charity.'Contrary to the picture drawn by so many of today's pundits and politicians, this book shows us how, for the first American statesmen, preventing or minimizing economic disparities was essential to the preservation of the new nation's freedom and practice of self-government.

From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

Since at least the time of Justinian—under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design.Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function more broadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court's unique place at the top of the judicial branch protests the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead those decisions must be left to the justices themselves, grounded in the principles of due process—assuring parties fair treatment by the judicial system—and balanced against the justices'rights to free speech.Along with the clarity it brings to this highly controversial issue, Virelli's work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicial system.

Click here to read the new Afterword.When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court.Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court's relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court's small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.

In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after another—Obamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more.Violating his own promises to respect the Constitution's separation of powers, Obama brazenly ignores Congress when it won't rubber-stamp his initiatives. “We can't wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution's checks and balances.President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, “The buck stops here.” When confronted with allegations that his administration's actions are illegal, Obama responds, “So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama's lawless legacy.

A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning.In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution.From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Nation, Constitutionalism and Buddhism in Sri Lanka offers a new perspective on contemporary debates about Sinhalese Buddhist nationalism in Sri Lanka. In this book de Silva Wijeyeratne argues forcefully that ‘Sinhalese Buddhism'in the period prior to its engagement with the British colonial State signified a relatively unbounded (although at times boundary forming) set of practices that facilitated both the inclusion and exclusion of non-‘Buddhist'concepts and people within a particular cosmological frame. Juxtaposing the premodern against the backdrop of colonial modernity, de Silva Wijeyeratne tells us that in contrast modern'Sinhalese Buddhism/nationalism'is a much more reified and bounded concept, one imagined through a 19th century epistemology whose purpose was not so much inclusion, but a much more radical exclusion of non-‘Buddhist'ideas and people. In this insightful analysis modern Sinhalese Buddhist nationalism, then, emerges through the conjunction of discourse, power and knowledge at a distinct moment in the trajectory of the colonial State. An intrinsic feature of this modernist moment is that premodern categories (such as the cosmic order) were subject to a bureaucratic re-valuation that generated profound consequences for State-society relations and the wider constitutional/legal imaginary. This book goes onto explore how key constitutional and nation-building moments were framed within the cultural milieu of modern Sinhalese Buddhist nationalism – a nationalism that reveals the power of a re-valued Buddhist cosmic order to still inform the present.Given the intensification of the Sinhalese Buddhist nationalist project following the defeat of the Tamil Tigers in 2009, this book is of interest to scholars of nationalism, South Asian studies, the anthropology of ritual, and comparative legal history.

The role of the Constitution in American political history is contentious not simply because of battles over meaning. Equally important is precisely who participated in contests over meaning. Was it simply judges, or did legislatures have a strong say? And what about the public's role in effecting constitutional change? In The Civic Constitution, Elizabeth Beaumont focuses on the last category, and traces the efforts of citizens to reinvent constitutional democracy during four crucial eras: the revolutionaries of the 1770s and 1780s; the civic founders of state republics and the national Constitution in the early national period; abolitionists during the antebellum and Civil War eras; and, finally, suffragists of the late nineteenth and early twentieth centuries. Throughout, she argues that these groups should be recognized as founders and co-founders of the U.S. Constitution. Though often slighted in modern constitutional debates, these women and men developed distinctive constitutional creeds and practices, challenged existing laws and social norms, expanded the boundaries of citizenship, and sought to translate promises of liberty, equality, and justice into more robust and concrete forms. Their civic ideals and struggles not only shaped the text, design, and public meaning of the U.S. Constitution, but reconstructed its membership and transformed the fundamental commitments of the American political community. An innovative expansion on the concept of popular constitutionalism, The Civic Constitution is a vital contribution to the growing body of literature on how ordinary people have shaped the parameters of America's fundamental laws.

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a'how-to-do-it'book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.