Eternity Clauses In Democratic Constitutionalism PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Eternity Clauses In Democratic Constitutionalism PDF full book. Access full book title Eternity Clauses In Democratic Constitutionalism.
Author | : Silvia Suteu |
Publisher | : |
Total Pages | : 309 |
Release | : 2021 |
Genre | : Constitutional amendments |
ISBN | : 9780192602596 |
Download Eternity Clauses in Democratic Constitutionalism Book in PDF, ePub and Kindle
"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"--Publisher's description.
Author | : Silvia Suteu |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2021-05-20 |
Genre | : Law |
ISBN | : 0192602608 |
Download Eternity Clauses in Democratic Constitutionalism Book in PDF, ePub and Kindle
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 | : Yaniv Roznai |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198768796 |
Download Unconstitutional Constitutional Amendments Book in PDF, ePub and Kindle
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author | : Walter F. Murphy |
Publisher | : JHU Press |
Total Pages | : 588 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780801884702 |
Download Constitutional Democracy Book in PDF, ePub and Kindle
Publisher Description
Author | : Richard Albert |
Publisher | : Springer |
Total Pages | : 390 |
Release | : 2018-09-03 |
Genre | : Law |
ISBN | : 3319951416 |
Download An Unamendable Constitution? Book in PDF, ePub and Kindle
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author | : Christopher L. EISGRUBER |
Publisher | : Harvard University Press |
Total Pages | : 273 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674034465 |
Download Constitutional Self-Government Book in PDF, ePub and Kindle
The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Author | : Jeffrey K. Tulis |
Publisher | : Princeton University Press |
Total Pages | : 360 |
Release | : 2010-10-18 |
Genre | : Law |
ISBN | : 1400836794 |
Download The Limits of Constitutional Democracy Book in PDF, ePub and Kindle
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.
Author | : John A. Ferejohn |
Publisher | : Cambridge University Press |
Total Pages | : 430 |
Release | : 2001-10-08 |
Genre | : History |
ISBN | : 9780521793704 |
Download Constitutional Culture and Democratic Rule Book in PDF, ePub and Kindle
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Author | : Cass R. Sunstein |
Publisher | : Oxford University Press on Demand |
Total Pages | : 291 |
Release | : 2001-09-27 |
Genre | : Law |
ISBN | : 0195145429 |
Download Designing Democracy Book in PDF, ePub and Kindle
A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
Author | : Vivien Hart |
Publisher | : |
Total Pages | : 12 |
Release | : 2003 |
Genre | : Constitutional law |
ISBN | : |
Download Democratic Constitution Making Book in PDF, ePub and Kindle