When it comes to extending citizenship to certain groups, why might ruling elites say neither 'yes' nor 'no', but 'wait'? The dominant theories of citizenship tend to recognize clear distinctions between citizens and aliens; either one has citizenship or one does not. This book shows that not all populations are fully included or expelled by a state; they can be suspended in limbo - residing in a territory for protracted periods without accruing citizenship rights. This in-depth case study of the United Arab Emirates uses new archival sources and extensive interviews to show how temporary residency can be transformed into a permanent legal status, through visa renewals and the postponement of naturalization cases. In the UAE, temporary residency was also codified into a formal citizenship status through the outsourcing of passports from the Union of Comoros, allowing elites to effectively reclassify minorities into foreign residents.
Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that
From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time.The Declara
On June 27, 2018, Justice Elena Kagan, dissenting from the Supreme Court's decision in a free speech case, accused the Roberts Court majority of "weaponizing the First Amendment," of "turning the Firs
This book looks at the history of the courts in South Korea from 1945 to the contemporary period. It sets forth the evolution of the judicial process and jurisprudence in the context of the nation's political and constitutional transitions. The focus is on constitutional authoritarianism in the 1970s under President Park Chung Hee, when judges faced a positivist crisis as their capacity to protect individual rights and restrain the government was impaired by the constitutional language. Caught between the contending duties of implementing the law and pursuing justice, the judges adhered to formal legal rationality and preserved the fundamental constitutional order, which eventually proved essential in the nation's democratization in the late 1980s. Addressing both democratic and authoritarian rule of law, this volume prompts fresh debate on judicial restraint and engagement in comparative perspectives.
Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. Wha
This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements
Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administr
