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Crafting Constitutional Democracies

Crafting Constitutional Democracies
Author: Edward V. Schneier
Publisher: Rowman & Littlefield
Total Pages: 288
Release: 2006
Genre: Law
ISBN: 9780742530744

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By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.


Crafting State-Nations

Crafting State-Nations
Author: Alfred Stepan
Publisher: JHU Press
Total Pages: 331
Release: 2011-03-31
Genre: Political Science
ISBN: 0801899427

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Political wisdom holds that the political boundaries of a state necessarily coincide with a nation's perceived cultural boundaries. Today, the sociocultural diversity of many polities renders this understanding obsolete. This volume provides the framework for the state-nation, a new paradigm that addresses the need within democratic nations to accommodate distinct ethnic and cultural groups within a country while maintaining national political coherence. First introduced briefly in 1996 by Alfred Stepan and Juan J. Linz, the state-nation is a country with significant multicultural—even multinational—components that engenders strong identification and loyalty from its citizens. Here, Indian political scholar Yogendra Yadav joins Stepan and Linz to outline and develop the concept further. The core of the book documents how state-nation policies have helped craft multiple but complementary identities in India in contrast to nation-state policies in Sri Lanka, which contributed to polarized and warring identities. The authors support their argument with the results of some of the largest and most original surveys ever designed and employed for comparative political research. They include a chapter discussing why the U.S. constitutional model, often seen as the preferred template for all the world’s federations, would have been particularly inappropriate for crafting democracy in politically robust multinational countries such as India or Spain. To expand the repertoire of how even unitary states can respond to territorially concentrated minorities with some secessionist desires, the authors develop a revised theory of federacy and show how such a formula helped craft the recent peace agreement in Aceh, Indonesia. Empirically thorough and conceptually clear, Crafting State-Nations will have a substantial impact on the study of comparative political institutions and the conception and understanding of nationalism and democracy.


Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?
Author: Mark A. Graber
Publisher: Oxford University Press
Total Pages: 352
Release: 2018-08-23
Genre: Law
ISBN: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."


The Limits of Constitutional Democracy

The Limits of Constitutional Democracy
Author: Jeffrey K. Tulis
Publisher: Princeton University Press
Total Pages: 360
Release: 2010-10-18
Genre: Law
ISBN: 1400836794

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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.


Principles of Constitutional Design

Principles of Constitutional Design
Author: Donald S. Lutz
Publisher: Cambridge University Press
Total Pages: 251
Release: 2006-08-28
Genre: Political Science
ISBN: 1139460552

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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.


Constitutional Democracy

Constitutional Democracy
Author: Walter F. Murphy
Publisher: JHU Press
Total Pages: 588
Release: 2007
Genre: Law
ISBN: 9780801884702

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To Craft Democracies

To Craft Democracies
Author: Giuseppe Di Palma
Publisher: Univ of California Press
Total Pages: 263
Release: 1990-11-05
Genre: History
ISBN: 0520072146

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"Giuseppe Di Palma's book could not be more timely, given the snowballing events that are gaining momentum in Eastern and Western Europe. . . . It represents a truly fresh look at the red-hot issue of transitions to democracy."—Joseph LaPalombara, Yale University


Constituents Before Assembly

Constituents Before Assembly
Author: Todd A. Eisenstadt
Publisher:
Total Pages: 224
Release: 2017
Genre: Constitutional law
ISBN: 9781316749029

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When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory


How to Save a Constitutional Democracy

How to Save a Constitutional Democracy
Author: Tom Ginsburg
Publisher: University of Chicago Press
Total Pages: 306
Release: 2018-10-05
Genre: Law
ISBN: 022656441X

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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.


India's Founding Moment

India's Founding Moment
Author: Madhav Khosla
Publisher:
Total Pages: 241
Release: 2020
Genre: Constitutional history
ISBN: 0674980875

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"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--