Written Constitutions: A Computerized Comparative Study

Front Cover
BRILL, Nov 21, 1978 - Law - 335 pages
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Contents

INTRODUCTION
2
Public interest
3
Reasons of professional interest
5
Personal interest
7
Two questions
8
DATA ON CONSTITUTIONS
9
The data research
11
Synopsis of Part One
13
Elements of state and nationbuilding
213
The scores in respect of the nationbuilding variables
215
Closer examination of the results
217
Some conclusions
226
THEORETICAL REFLECTIONS
229
Constitutional specialism
231
The impossibility of providing a substantive definition
232
New tendencies
233

The research design
16
The choice of the design
17
The research subject
18
Other methodological problems
19
Data source
20
The process of data collection
21
Reliability and validity
22
Survey of national states listing the constitutional documents included in the inquiry and the closing dates of the chronologies as printed in Blaustein ...
23
Survey of the questionnaire listing the results in prospect of each variable
38
Documentary constitution and the structure of government
54
Documentary constitution and the legal system
74
The forms of documentary constitutions
85
Documentary constitutions and universal values and norms
88
b Questions with regard to civil and political rights
103
Questions with regard to social and economic rights
114
Questions with regard to cultural rights
118
e Questions with regard to civil duties
121
f Final questions
124
Documentary constitution and aspects of cultural life
126
Documentary constitution and state and nationbuilding
130
Similarities between constitutions
137
Qualification of similarities
138
Points of similarity
139
Summary
154
Degree of uniformity
158
What do constitutions contain?
161
Developments between 1788 and 1975
162
Conclusions
164
Appendix to Chapter Four
165
The length of constitutions
174
Views on the length of constitutions
175
Scheme of research on length of constitutions
176
Research into the various factors
177
A combination of factors
184
Conclusions
186
National constitutions and the Universal Declaration of Human Rights
189
Aim of research on relationship between the content of the Universal Declaration and that of the constitutions
190
Value references in the U N Declaration
191
Personal and political rights and freedoms
195
Social rights
198
Constitutions established 1949 or later
201
Constitutions of singleparty states
205
The inspirational effect of the Universal Declaration
207
Summary
208
Constitutions as instruments of state and nationbuilding
212
A formal definition
234
Existence of constitutional specialism
235
Theoretical levels
236
Approaches
237
Which approach?
239
Conclusion
240
Typology of constitutions
241
Why typology?
242
Classifying constitutions
244
Sorts of classifications
245
Obsolete classifications
248
Formal classifications
254
Dubious typology
260
Constitutional archetypes
261
Constitutional models
263
Physical models of constitutions
265
Other models
267
Model constitution
268
A basic model?
270
Functions of constitutions
272
The various functions of constitutions
273
Four general functions
275
Information
277
Regulation
279
Canalization
280
Functional effectiveness
281
Dysfunctionality
282
Some other problems
283
Constitutional families
284
Making and amending constitutions
285
Final remarks
287
Concluding notes
288
An international orientation
289
Human rights in constitutions
290
The universal aspect of constitutions
291
Why important?
292
Bibliography
294
A Collections of constitutions
297
B General theory 1 Books
299
Articles in periodicals etc
304
Comparative theory 1 Books
312
Articles in periodicals etc
316
Special subjects
320
INDEX OF TABLES
323
Copyright

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