Constitutional Failure
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Constitutional Failure
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Author : Sotirios Barber
language : en
Publisher: University Press of Kansas
Release Date : 2014-08-25
Constitutional Failure written by Sotirios Barber and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-25 with Political Science categories.
Americans err in thinking that while their politics may be ailing, their Constitution is fine. Sick politics is a sure sign of constitutional failure. This is Sotirios Barber’s message in Constitutional Failure. Public attitudes fostered by a consumer culture, constitution worship, the lack of a trusted leadership community, and academic historicism and value skepticism—these, this book tells us in clear and bracing terms, are at the root of our political dysfunction. Barber characterizes the Constitution as a plan of government—a set of means to public purposes like national security and prosperity. He argues that if the government is failing, it’s fair to conclude that the plan is failing and that laws that are supposed to serve as means can’t in reason continue to bind when they no longer work. He argues further that constitutional success depends ultimately on a stratum of diverse and self-critical citizens, who see each other as moral equals and parts of one national community. These citizens, with the politicians among them, would be good-faith contestants regarding the meaning of the common good and the most effective means to secure it. In this way—showing how the success of a constitutional democracy is more a matter of political attitudes than of institutional performance—Barber’s book upends the conventional understanding of constitutional failure. In Barber’s analysis, the apparent stability of formal constitutional institutions—usually interpreted as evidence of constitutional health—may actually indicate the defining element of constitutional failure: a mentally inert citizenry no longer capable of constitutional reflection and reform. At once concise and thorough in its analysis of the concept of constitutional failure and its accounts of a “healthy politics,” the corrosive impact of Madisonian checks and balances (as a substitute for trustworthy leadership), and the outlook for meaningful reform, this book offers a carefully reasoned and provocative assessment of the viability of constitutional governance in the United States.
Constitutional Failure
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Author : Ellen Kennedy
language : en
Publisher: Duke University Press
Release Date : 2004-09-29
Constitutional Failure written by Ellen Kennedy and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-29 with Law categories.
Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political economy, and democracy. An internationally renowned scholar of Weimar legal theory, Ellen Kennedy brought Schmitt’s neglected work to the attention of English-speaking readers with her highly regarded translations of his work and studies of its place in twentieth-century political theory. In this eagerly awaited book, she tracks Schmitt’s contribution to the canon of Western political philosophy during its most difficult and dangerous moment—the time of Weimar Germany and the Third Reich—demonstrating the centrality of his thought to understandings of the modern constitutional state and its precarious economic and social foundations. Kennedy reveals how Schmitt’s argument for a strong but neutral state supported the maximization of market freedom at the cost of the political constitution. She argues that the major fault lines of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a culture of resentment and contested legitimacy—are not exceptions within the liberal-democratic orders of the West, but central to them. Contending that Schmitt’s thought remains vital today because liberal norms are inadequate to the political challenges facing constitutional systems as diverse as those of Eastern Europe and the United States, Kennedy develops a compelling, rigorous argument that unsettles many assumptions about liberalism, democracy, and dictatorship.
The Failure Of Constitutional Emergency Powers Under The German Republic
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Author : Frederick Mundell Watkins
language : en
Publisher:
Release Date : 1939
The Failure Of Constitutional Emergency Powers Under The German Republic written by Frederick Mundell Watkins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1939 with Constitutional history categories.
Impeachment
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Author : Raoul Berger
language : en
Publisher: Harvard University Press
Release Date : 1974
Impeachment written by Raoul Berger and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
The little understood yet great power of impeachment lodged in the Congress is dissected in this text through history by Raoul Berger, a leading scholar on the subject. He sheds new light on whether impeachment is limited to indictable crimes, on whether there is jurisdiction to impeach for misconduct outside office, and on whether impeachment must precede indictment. Berger also finds firm footing in contesting the views of one-time Judge Robert Bork and President Nixon's lawyer, James St Clair.
Free In The World
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Author : Mark E. Brandon
language : en
Publisher: Princeton University Press
Release Date : 1998
Free In The World written by Mark E. Brandon and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
"Brandon also develops a general typology of constitutional failure. He identifies several ways in which failure can occur, shows that failure in one area may signify success in another, and argues that the possibility of failure is built into the foundations of all constitutional regimes."--BOOK JACKET.
The Failure Of Popular Constitution Making In Turkey
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Author : Felix Petersen
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
The Failure Of Popular Constitution Making In Turkey written by Felix Petersen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Peopling The Constitution
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Author : John E. Finn
language : en
Publisher: University Press of Kansas
Release Date : 2014-03-24
Peopling The Constitution written by John E. Finn and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-24 with Political Science categories.
The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
Foreordained Failure
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Author : Steven Douglas Smith
language : en
Publisher: Oxford University Press, USA
Release Date : 1999
Foreordained Failure written by Steven Douglas Smith and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Church and state categories.
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.
The Failure Of Popular Constitution Making In Turkey
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Author : Felix Petersen
language : en
Publisher:
Release Date : 2019
The Failure Of Popular Constitution Making In Turkey written by Felix Petersen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Constitutional history categories.
"This book shares the overall epistemological interests of scholarship on political transformation and constitutionalization. However, our focus is on conditions that facilitate failure. Why is it interesting to study failure in the first place? Although failure is typically assumed to be bad, the reality of it is more ambiguous. Amy C. Edmondson argues that for organizations, in her case economic companies, failure is "sometimes ... even good," as it provides "valuable new knowledge that can help an organization.""--
The Limits Of Constitutional Democracy
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Author : Jeffrey K. Tulis
language : en
Publisher: Princeton University Press
Release Date : 2010-10-18
The Limits Of Constitutional Democracy written by Jeffrey K. Tulis and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-18 with Law categories.
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.