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| Author | : Gabriel L. Negretto |
| Publisher | : Cambridge University Press |
| Total Pages | : 265 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1108839843 |
This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
| 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 | : Rosalind Dixon |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2021 |
| Genre | : Authoritarianism |
| ISBN | : 0192893769 |
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
| Author | : Alexander Hudson |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2021-05-06 |
| Genre | : Law |
| ISBN | : 110888198X |
Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.
| Author | : Jon Elster |
| Publisher | : Cambridge University Press |
| Total Pages | : 267 |
| Release | : 2018-06-21 |
| Genre | : Law |
| ISBN | : 1108427529 |
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
| 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 | : András L. Pap |
| Publisher | : Routledge |
| Total Pages | : 197 |
| Release | : 2017-08-03 |
| Genre | : Law |
| ISBN | : 1351684671 |
This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.
| Author | : Gabriel L. Negretto |
| Publisher | : Cambridge University Press |
| Total Pages | : 297 |
| Release | : 2013-06-17 |
| Genre | : Political Science |
| ISBN | : 1107026520 |
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
| Author | : Andre Laks |
| Publisher | : Cambridge University Press |
| Total Pages | : 316 |
| Release | : 1995-01-26 |
| Genre | : History |
| ISBN | : 0521452937 |
Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity.
| Author | : Tom Ginsburg |
| Publisher | : Cambridge University Press |
| Total Pages | : 447 |
| Release | : 2016-08-30 |
| Genre | : Law |
| ISBN | : 1316712575 |
From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
