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Hybrid Constitutions

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Release : 2010-01-27
Genre : Political Science
Kind : eBook
Book Rating : 619/5 ( reviews)

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Book Synopsis Hybrid Constitutions by : Vicki Hsueh

Download or read book Hybrid Constitutions written by Vicki Hsueh. This book was released on 2010-01-27. Available in PDF, EPUB and Kindle. Book excerpt: In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.

Hybrid Constitutionalism

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Release : 2019-04-25
Genre : Law
Kind : eBook
Book Rating : 92X/5 ( reviews)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip. This book was released on 2019-04-25. Available in PDF, EPUB and Kindle. Book excerpt: Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Hybrid Constitutionalism

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Author :
Release : 2019-04-25
Genre : Law
Kind : eBook
Book Rating : 825/5 ( reviews)

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Book Synopsis Hybrid Constitutionalism by : Eric C. Ip

Download or read book Hybrid Constitutionalism written by Eric C. Ip. This book was released on 2019-04-25. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.

The Widening Scope of American Constitutions ...

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Author :
Release : 1928
Genre : Constitutional law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The Widening Scope of American Constitutions ... by : Sister Mary Barbara McCarthy

Download or read book The Widening Scope of American Constitutions ... written by Sister Mary Barbara McCarthy. This book was released on 1928. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal and State Constitutions

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Author :
Release : 1909
Genre : Charters
Kind : eBook
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Book Synopsis The Federal and State Constitutions by : Francis Newton Thorpe

Download or read book The Federal and State Constitutions written by Francis Newton Thorpe. This book was released on 1909. Available in PDF, EPUB and Kindle. Book excerpt:

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