Democratic Constitution Making
Author | : Vivien Hart |
Publisher | : |
Total Pages | : 12 |
Release | : 2003 |
Genre | : Constitutional law |
ISBN | : |
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Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitution Making In A Democracy PDF full book. Access full book title Constitution Making In A Democracy.
Author | : Vivien Hart |
Publisher | : |
Total Pages | : 12 |
Release | : 2003 |
Genre | : Constitutional law |
ISBN | : |
Author | : Axel Hadenius |
Publisher | : Cambridge University Press |
Total Pages | : 298 |
Release | : 1997-08-28 |
Genre | : Political Science |
ISBN | : 9780521573115 |
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Author | : Vernon Alfred O'Rourke |
Publisher | : |
Total Pages | : 312 |
Release | : 1968 |
Genre | : Constitutional conventions |
ISBN | : |
Author | : Tom Ginsburg |
Publisher | : University of Chicago Press |
Total Pages | : 306 |
Release | : 2018-10-05 |
Genre | : Law |
ISBN | : 022656438X |
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 election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? 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 either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But 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 |
Genre | : Law |
ISBN | : 9780801884702 |
Publisher Description
Author | : Donald L. Horowitz |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2013-03-25 |
Genre | : Law |
ISBN | : 1107027276 |
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author | : Allan C. Hutchinson |
Publisher | : University of Toronto Press |
Total Pages | : 220 |
Release | : 2021 |
Genre | : Constitutional law |
ISBN | : 1487507933 |
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author | : Winluck Wahiu |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : Constitutional law |
ISBN | : |
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Author | : Stephen Breyer |
Publisher | : Vintage |
Total Pages | : 290 |
Release | : 2010-09-14 |
Genre | : Political Science |
ISBN | : 0307594262 |
The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 283 |
Release | : 2014 |
Genre | : Law |
ISBN | : 1107047668 |
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.