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Huang D: The Spirit of Democracy

The Spirit of Democracy

A Speech at Department of Politics, National Taiwan University

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Pandemics, Power, and Parliaments

Asia in Times of Crisis

Reciprocity begins with a simple but unsettling question: why have we come to believe that human beings are naturally self-interested, competitive and acquisitive? This galvanising, perspective-shifting book dismantles the myth of Homo economicus to show us the way towards a world whose realities align with our true selves.Drawing on a variety of disciplines, including anthropology, archaeology, evolutionary biology, psychology, economics and social epidemiology, Richard Wilkinson demonstrates that the characteristics which we assume to be our human nature are in fact effects of the market societies we live in. He traces how various systems of exchange have created profoundly different forms of social life throughout the course of history, shaping our behaviours, motivations, and the kinds of people we become. Though it may often feel like it, the avarice and oppressions that defines the twenty-first century are not an unchangeable reality we simply have to live with.The book explains why inequality, status competition and consumerism hold so much power over us and reveals the depths to which these forces are entwined with the ever-rising crises of mental illness, political polarisation and environmental destruction. Rather than asking how we can make individuals behave better, it makes a compelling case for restructuring our societies to make life happier, meaningful and more fulfilling for one and all.Rigorously researched, bracingly practical and full of passion and hope in equal measure, Reciprocity offers a bold reinterpretation of the world we live in. It equips us with the necessary tools to look beyond and remake it in our very own, amiably human image.

Reclaiming Humanity from the Market

Reciprocity

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Constitutional Interpretation Revised Edition

'A brilliant and challenging book' GORDON BROWNFrom the founder of Britain's leading antifascist organisation, HOPE not hate, this is an urgent call to resist the forces of extremism on the march in Western societies - and how to go about it.If you're shocked and disconcerted by the rise of intolerance and hate, you're not alone.Drawing from 35 years of campaigning and journalism, Nick Lowles shows how anti-immigration, antisemitic and Islamophobic attacks have proliferated in the modern world, and how Britain - with the likes of Tommy Robinson and the growth of Reform UK - has been far from immune from far-right politics.From HOPE not hate's pioneering campaigns against the BNP in east London to the impact of the 'manosphere' and the issues in Netflix's Adolescence; from explorations of the pernicious influence of 'race science' and conspiracy theory to the interplay of deprivation and intolerance in Britain's deindustrialised towns, Lowles entwines his inspirational story with hard-won lessons from decades of activism.His conclusions - which do not shy away from awkward truths for campaigners - suggest practical ways for the far right to be defeated. And he shares powerful examples - from a participant-led youth club in Hull to Syrian refugees connecting with local people over falafel in Bradford - of finding the joy in showing that, hard as it can seem, HOPE can triumph over hate.

Lessons from Hope Not Hate

How to Defeat the Far Right

An antidote to political burnout and civic despair: drawing on Zen philosophy to cultivate resilience, mindful engagement, and skillful presence in turbulent times A compact, beautifully designed guide offering 27 powerful teachings of interdependence to navigate news, social media, and civic engagement with clarity and courage 250 years after the US Declaration of Independence, this incisive Declaration of Interdependence is a&nbsp;timely, tender, and transformative guide for citizens who care deeply about the world but feel disillusioned by the state of public discourse. Professor Jeremy David Engels—scholar, mindfulness teacher, and longtime student of Thich Nhat Hanh—proposes that clarity and interconnection are not only paths to personal peace, but vital practices for renewing democracy itself. Structured in the spirit of On Tyranny by Timothy Snyder, this compact, accessible book delivers 27 profound insights—each a short chapter—on how to show up for democracy with compassion, clarity, and courage. It invites readers to step away from enemyship, to root their activism in shared humanity, and to declare their interdependence. Readers will discover: •	How mindfulness can heal the civic wounds of polarization and fear •	Practices for engaging with news and social media without being consumed •	A reimagining of democracy as collective empowerment, not endless conflict •	Zen stories and teachings to inspire transformation •	Practical tips for showing up skillfully in moments of disagreement and tension Whether you’re a seasoned activist or a tender-hearted citizen seeking a new path forward, this luminous testament to resilience&nbsp;offers a lantern in the dark—and a quiet call to remember who we are, and what we’re here to do, together.

An antidote to political burnout and civic despair: drawing on Zen philosophy to cultivate resilience, mindful engagement, and skillful presence in turbulent times A compact, beautifully designed guide offering 27 powerful teachings of interdependence to navigate news, social media, and civic engagement with clarity and courage 250 years after the US Declaration of Independence, this incisive Declaration of Interdependence is a&nbsp;timely, tender, and transformative guide for citizens who care deeply about the world but feel disillusioned by the state of public discourse. Professor Jeremy David Engels—scholar, mindfulness teacher, and longtime student of Thich Nhat Hanh—proposes that clarity and interconnection are not only paths to personal peace, but vital practices for renewing democracy itself. Structured in the spirit of On Tyranny by Timothy Snyder, this compact, accessible book delivers 27 profound insights—each a short chapter—on how to show up for democracy with compassion, clarity, and courage. It invites readers to step away from enemyship, to root their activism in shared humanity, and to declare their interdependence. Readers will discover: •	How mindfulness can heal the civic wounds of polarization and fear •	Practices for engaging with news and social media without being consumed •	A reimagining of democracy as collective empowerment, not endless conflict •	Zen stories and teachings to inspire transformation •	Practical tips for showing up skillfully in moments of disagreement and tension Whether you’re a seasoned activist or a tender-hearted citizen seeking a new path forward, this luminous testament to resilience&nbsp;offers a lantern in the dark—and a quiet call to remember who we are, and what we’re here to do, together.

A Declaration of Interdependence to Mend a Fractured World

On Mindful Democracy

This book examines the rise of populism and its impact on public policy and governance in Europe. Interdisciplinary in approach and combining theoretical insights and empirical case studies, it considers what populists do when they govern, and how their actions reshape policy, institutions, and international relations.In order to do so, the book introduces three cross-cutting themes: the style and substance of populism, the populist challenge to democratic governance, and populist governance across borders. It considers how populist actors construct identity, communicate with the public, and translate rhetoric into policy agendas, as well as the ways in which populist actors challenge or undermine democratic institutions and liberal norms. Attention is also given to the policy tools, institutional strategies, and governance styles associated with democratic backsliding, and how populists operate across borders and build transnational networks.The book will appeal to all those interested in public policy, governance, populism, and European studies.Sean Kippin
 is Senior Lecturer in the&nbsp;School of Law, Politics, and Social Sciences, University of Stirling, UK.&nbsp;
 Alexander Mesarovich
 is Postdoctoral Research Fellow at the School of Law, Politics, and Social Sciences, University of Stirling, UK.

This book examines the rise of populism and its impact on public policy and governance in Europe. Interdisciplinary in approach and combining theoretical insights and empirical case studies, it considers what populist actors do when they govern, and how their actions reshape policy, institutions, and international relations. In order to do so, the book introduces three cross-cutting themes: the style and substance of populism, the populist challenge to democratic governance, and populist governance across borders. It considers how populist actors construct identity, communicate with the public, and translate rhetoric into policy agendas, as well as the ways in which populist actors challenge or undermine democratic institutions and liberal norms. Attention is also given to the policy tools, institutional strategies, and governance styles associated with democratic backsliding, and how populists operate across borders and build transnational networks. The book will appeal to all those interested in public policy, governance, populism, and European studies.

From Preaching to Performance

Populist Radical Right Governance and Public Policy in Europe

This volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model. The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience - politicians, public servants and interested members of the public - are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

The Putney Debates 2023

Democracy in Crisis?

This book presents an insight into the relationship between liberal democratic legality and responding to extreme situations. The uneasy relationship between liberal democracy’s rule of law and extraordinary measures by government have long provided a premise for contentious legal and political discourse. It is amidst this densely treaded theme, whereby this book turns to Europe’s democratic past in an attempt to mitigate any seemingly irrevocable conflicts. Largely overlooked, and yet ultimately the primary source of the contemporary liberal democratic legal order, democracy appears as a legal reality that advocates for its own principles in response to extreme threats.
 
 From the floors of the National Convention in Paris during the French revolutionary years of the late 18th century, Roman legal principles would be espoused by Robespierre and his contemporaries when heralding in the ‘new’ legal reality of democracy. Voices from Paris and the National Assembly of today on the other hand embrace principles of canon law when advocating for extraordinary ‘necessary measures’ that ultimately rely upon a determination of the ‘public common good’ when responding to extreme situations. In recognizing the contrast between ‘democratic-revolutionary tradition’s’ reliance upon Roman legal principles, as opposed to ‘constitutional monarchy tradition’s’ reliance upon canon law principles, this book presents to the reader a unique opportunity to understand how contemporary European legal tradition ultimately arises as a result of two legal worlds.&nbsp;

Beyond Democracy's Rule of Law

Extraordinary Governance in European Legal Tradition

How States Can Counter Authoritarianism

Fight Back

The Spirit of Democracy

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