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87 books match the query 'Comparative' and 2 start with n
Negotiating in Civil Conflict
Constitutional Construction and Imperfect Bargaining in IraqHaider Ala Hamoudi
University of Chicago Press, 2013
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds?
Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
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Northern Lights
Essays in Private Law in Memory of Professor David Carey MillerDouglas Bain, Roderick R.M. Paisley, Andrew R. Simpson and Nikola J.M. Tait
Aberdeen University Press, 2018
This volume of essays on property law and comparative law was published in memory of Professor David Carey Miller. Throughout his career, David enjoyed the respect and esteem of his mentors, friends, colleagues and students within the School of Law at Aberdeen University, and in the wider legal communities of Scotland and his native South Africa. The essays in this volume have been organised in broad terms according to a scheme that will be familiar to those who study Scots private law, and indeed civilian systems more generally. The first nine substantive essays are concerned with property law. The next four chapters focus on the law of obligations – one being concerned with delict, one with contract and one with unjustified enrichment. The final, and longest, chapter in the book considers a neglected aspect of the law of succession.Thus the core themes that emerge from this volume reflect and engage critically with many of Carey Miller’s own scholarly concerns
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