The Endurance Of National Constitutions PDF Download
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Author | : Zachary Elkins |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2009-10-19 |
Genre | : Law |
ISBN | : 0521515505 |
Download The Endurance of National Constitutions Book in PDF, ePub and Kindle
Based on original historical data, this book shows that key changes in design can extend constitutional life.
Author | : L.Wolf- Phillips |
Publisher | : Springer |
Total Pages | : 80 |
Release | : 1972-06-18 |
Genre | : Political Science |
ISBN | : 1349015296 |
Download Comparative Constitutions Book in PDF, ePub and Kindle
Author | : Tom Ginsburg |
Publisher | : University of Chicago Press |
Total Pages | : 306 |
Release | : 2018-10-05 |
Genre | : Law |
ISBN | : 022656438X |
Download How to Save a Constitutional Democracy Book in PDF, ePub and Kindle
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 | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 283 |
Release | : 2014 |
Genre | : Law |
ISBN | : 1107047668 |
Download Constitutions in Authoritarian Regimes Book in PDF, ePub and Kindle
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107020565 |
Download Comparative Constitutional Design Book in PDF, ePub and Kindle
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author | : Horst Dippel |
Publisher | : Walter de Gruyter |
Total Pages | : 385 |
Release | : 2009-12-22 |
Genre | : History |
ISBN | : 3598440979 |
Download Vermont – Wisconsin / Addendum et Corrigendum Book in PDF, ePub and Kindle
The seven-volume edition contains 446 constitutional texts, constitutional amendments, failed constitutions and draft constitutions from the United States, all in their original languages and alphabetically ordered by states. The texts, including some rare original versions, have been edited and annotated on the basis of the printed official state documents and conventions, consulting the original manuscripts. The constitutional documents from Vermont to Wisconsin are published in volume VII.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2016-08-30 |
Genre | : Law |
ISBN | : 1107154790 |
Download Assessing Constitutional Performance Book in PDF, ePub and Kindle
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Author | : Jack M. Balkin |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0197530990 |
Download The Cycles of Constitutional Time Book in PDF, ePub and Kindle
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Author | : Horst Dippel |
Publisher | : Walter de Gruyter |
Total Pages | : 373 |
Release | : 2008-12-18 |
Genre | : History |
ISBN | : 3598440618 |
Download National Constitutions / State Constitutions (Alabama – Frankland) Book in PDF, ePub and Kindle
No detailed description available for "National Constitutions / State Constitutions (Alabama – Frankland)".
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Download Keeping Faith with the Constitution Book in PDF, ePub and Kindle
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.