Constitutionalism And Democracy
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Author |
: Richard Bellamy |
Publisher |
: Routledge |
Total Pages |
: 622 |
Release |
: 2017-07-05 |
ISBN-10 |
: 9781351571159 |
ISBN-13 |
: 135157115X |
Rating |
: 4/5 (59 Downloads) |
Synopsis Constitutionalism and Democracy by : Richard Bellamy
Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Author |
: Tom Ginsburg |
Publisher |
: University of Chicago Press |
Total Pages |
: 306 |
Release |
: 2018-10-05 |
ISBN-10 |
: 9780226564388 |
ISBN-13 |
: 022656438X |
Rating |
: 4/5 (88 Downloads) |
Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author |
: Walter F. Murphy |
Publisher |
: JHU Press |
Total Pages |
: 588 |
Release |
: 2007 |
ISBN-10 |
: 0801884705 |
ISBN-13 |
: 9780801884702 |
Rating |
: 4/5 (05 Downloads) |
Synopsis Constitutional Democracy by : Walter F. Murphy
Publisher Description
Author |
: Allan C. Hutchinson |
Publisher |
: University of Toronto Press |
Total Pages |
: 220 |
Release |
: 2021 |
ISBN-10 |
: 9781487507930 |
ISBN-13 |
: 1487507933 |
Rating |
: 4/5 (30 Downloads) |
Synopsis Democracy and Constitutions by : Allan C. Hutchinson
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author |
: Donald L. Horowitz |
Publisher |
: Yale University Press |
Total Pages |
: 284 |
Release |
: 2021-01-01 |
ISBN-10 |
: 9780300254365 |
ISBN-13 |
: 0300254369 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Author |
: J nos Kis |
Publisher |
: Central European University Press |
Total Pages |
: 344 |
Release |
: 2003-01-01 |
ISBN-10 |
: 9639241326 |
ISBN-13 |
: 9789639241329 |
Rating |
: 4/5 (26 Downloads) |
Synopsis Constitutional Democracy by : J nos Kis
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Author |
: Silvia Suteu |
Publisher |
: Oxford University Press |
Total Pages |
: 272 |
Release |
: 2021-05-20 |
ISBN-10 |
: 9780192602602 |
ISBN-13 |
: 0192602608 |
Rating |
: 4/5 (02 Downloads) |
Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Author |
: Jon Elster |
Publisher |
: Cambridge University Press |
Total Pages |
: 372 |
Release |
: 1988 |
ISBN-10 |
: 0521457211 |
ISBN-13 |
: 9780521457217 |
Rating |
: 4/5 (11 Downloads) |
Synopsis Constitutionalism and Democracy by : Jon Elster
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Author |
: Andrew Arato |
Publisher |
: |
Total Pages |
: 377 |
Release |
: 2018 |
ISBN-10 |
: 0231187025 |
ISBN-13 |
: 9780231187022 |
Rating |
: 4/5 (25 Downloads) |
Synopsis Forms of Pluralism and Democratic Constitutionalism by : Andrew Arato
In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Author |
: Jeffrey K. Tulis |
Publisher |
: Princeton University Press |
Total Pages |
: 360 |
Release |
: 2010-10-18 |
ISBN-10 |
: 9781400836796 |
ISBN-13 |
: 1400836794 |
Rating |
: 4/5 (96 Downloads) |
Synopsis The Limits of Constitutional Democracy by : Jeffrey K. Tulis
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.