Constitutional Processes And Democratic Commitment

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Constitutional Processes And Democratic Commitment
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Author : Donald L. Horowitz
language : en
Publisher: Yale University Press
Release Date : 2021-01-01
Constitutional Processes And Democratic Commitment written by Donald L. Horowitz and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-01 with Political Science categories.
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Constitutional Processes And Democratic Commitment
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Author : Donald L. Horowitz
language : en
Publisher: Yale University Press
Release Date : 2021-08-03
Constitutional Processes And Democratic Commitment written by Donald L. Horowitz and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-03 with Political Science categories.
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution†‘writing.
How To Save A Constitutional Democracy
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Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05
How To Save A Constitutional Democracy written by Tom Ginsburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-05 with Law categories.
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.
Art Education And The Democratic Commitment
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Author : D.T. Schwartz
language : en
Publisher: Springer
Release Date : 2000-04-30
Art Education And The Democratic Commitment written by D.T. Schwartz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-30 with Art categories.
This book offers a comprehensive and novel argument in favor of subsidizing the arts. For readers already in favor of subsidy, the book offers a distinctly political rationale for government support: engaging the arts helps develop the intellectual faculties of judgment. By appealing to art's instrumental ability to educate democratic citizens, the book avoids the most common criticisms of subsidy, namely that it is elitist and paternalistic. For those who oppose subsidy or are undecided, the book injects new ideas into the debate and maps arts subsidy onto the larger landscape of political liberalism. Yet, while using political liberalism as its point of departure, the book's positive argument for subsidy draws on numerous philosophical traditions, including continental philosophy and the philosophy of art. This multi-disciplinary approach gives the book a comprehensiveness not found in purely analytical treatments of the topic. The book is accessible, and should serve a variety of readers, including political philosophers, philosophers of art, art historians, policy makers, and practising artists interested in the subsidy issue.
Human Rights Legitimacy And The Use Of Force
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Author : Allen Buchanan
language : en
Publisher: Oxford University Press
Release Date : 2010-01-13
Human Rights Legitimacy And The Use Of Force written by Allen Buchanan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-13 with Philosophy categories.
The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.
Democracy Or Authoritarianism
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Author : Sebnem Gumuscu
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-16
Democracy Or Authoritarianism written by Sebnem Gumuscu 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 2023-03-16 with History categories.
Traces the evolution of three Islamist governments to explain why some commit to democracy while others devolve into authoritarianism.
Regulatory Takings
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Author : William A. Fischel
language : en
Publisher: Harvard University Press
Release Date : 1995
Regulatory Takings written by William A. Fischel 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 1995 with Business & Economics categories.
State and federal government regulations are disciplined by property-owner coalitions whose "voice" is clearly audible in the statehouses and in Congress.
Parliamentary Sovereignty In The Uk Constitution
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Author : Michael Gordon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Parliamentary Sovereignty In The Uk Constitution written by Michael Gordon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament – through legislating about the legislative process – to revitalise the UK's political constitution.
Afghanistan
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Author : Michael Cox
language : en
Publisher: LSE Press
Release Date : 2022
Afghanistan written by Michael Cox and has been published by LSE Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Political Science categories.
Afghanistan has been in the headlines for many years – but tragically for all the wrong reasons. First invaded by the Soviets in 1979, the country then experienced the trauma of civil war followed by yet another intervention, this time by the United States and allies, which ended with the West’s ignominious withdrawal in August 2021. Afghanistan: Long War, Forgotten Peace examines multiple dimensions of what happened and why, and what the future holds for the country now the Taliban are back in power. Multidisciplinary in approach, this book features analysts from a variety of academic disciplines, including policy-makers and public intellectuals – many with direct experience of having lived and worked in Afghanistan. It explains why the Taliban finally triumphed, what this means for Afghan society, and how competing actors in the international system have reacted to the Taliban takeover. Questions include whether the West’s withdrawal represented a major or only a temporary setback for NATO and the United States, and whether and how there can be any amelioration of the situation in Afghanistan itself. The country and its people face multiple interrelated challenges, including those of women’s rights, the drugs economies and human trafficking and exploitation. This volume is essential reading for all those concerned with what happens in Afghanistan over the coming months and years, the consequences for the Afghan people – and for the rest of the world.
Abusive Constitutional Borrowing
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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2021
Abusive Constitutional Borrowing written by Rosalind Dixon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
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.