Constitutions In Crisis
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Constitutions In Crisis
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Author : John E. Finn
language : en
Publisher: Oxford University Press
Release Date : 1990-12-27
Constitutions In Crisis written by John E. Finn 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 1990-12-27 with Law categories.
In this compelling study, which unites the fields of constitutional theory and comparative politics, John E. Finn examines how the efforts of two western liberal democracies, the United Kingdom and the Federal Republic of Germany, to cope with domestic terrorism threatens their constitutional integrity. Finn argues first that widespread political violence challenges the presuppositions of constitutional authority in any liberal democracy, namely that reason and deliberation, and not passion or will, can be the basis of political community. Terrorism therefore constitutes both a specific type of constitutional emergency and a challenge to the more general enterprise of constitutional maintenance. He then proceeds to review the efforts of the United Kingdom and Germany to control political violence through emergency legislation, and considers to what extent such measures comport with the demands of constitutionalism and the rule of law.
Constitutions In Times Of Financial Crisis
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Constitutions In Times Of Financial Crisis written by Tom Ginsburg 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 2022-06-30 with Law categories.
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.
Crisis Of The Two Constitutions
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Author : Charles R. Kesler
language : en
Publisher: Encounter Books
Release Date : 2021-02-16
Crisis Of The Two Constitutions written by Charles R. Kesler and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with Philosophy categories.
American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.
Constitutionalism Under Extreme Conditions
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Author : Richard Albert
language : en
Publisher: Springer Nature
Release Date : 2020-09-24
Constitutionalism Under Extreme Conditions written by Richard Albert and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Constitutions In The Global Financial Crisis
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2016-05-23
Constitutions In The Global Financial Crisis written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.
Constitutional Democracy In Crisis
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Author : Mark A. Graber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Constitutional Democracy In Crisis written by Mark A. Graber 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 2018-08-23 with Law categories.
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 Crisis Of The Middle Class Constitution
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Author : Ganesh Sitaraman
language : en
Publisher: Vintage
Release Date : 2017-03-14
The Crisis Of The Middle Class Constitution written by Ganesh Sitaraman and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-14 with Law categories.
In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
The Crisis Of The Constitution
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Author : Margaret Atwood Judson
language : en
Publisher:
Release Date : 1964
The Crisis Of The Constitution written by Margaret Atwood Judson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Constitutional history categories.
New Zealand S Constitution In Crisis
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Author : Geoffrey W. R. Palmer
language : en
Publisher:
Release Date : 1992
New Zealand S Constitution In Crisis written by Geoffrey W. R. Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Political Science categories.
"Former Prime Minister Sir Geoffrey Palmer believes New Zealand's system of government is in urgent need of reform. He says "Public cynicism and mistrust have reached levels which are dangerous for the future of democracy." ... he sets out the changes needed to improve New Zealand's system of government. Palmer covers a wide range of the most significant and contentious political and constitutional issues of the day. They include: reform of Parliament, rights, freedoms and the Bill of Rights, Maori issues, the office of the Prime Minister, the electoral system, the media, public law. The result is a far reaching and important analysis of both the way New Zealand is governed, and how that system of government should be altered ..."--Back cover.
Constitution In Crisis
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Author : DJ Galligan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-30
Constitution In Crisis written by DJ Galligan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-30 with History categories.
The debates that began at St Mary's Church, Putney on 28 October 1647 pioneered the liberal, democratic settlement in England: a written constitution, universal suffrage, freedom of conscience and equality before the law. Four centuries later, the 2016 Brexit referendum raised fundamental questions concerning the constitution of the United Kingdom. Following the High Court ruling that the government, under a centuries-old Royal Prerogative, does not have the power to trigger Article 50 to leave the EU, MPs have claimed that we are entering a full-blown constitutional crisis. The parallels between 1647 and 2017 are striking. Government has been toppled, a new leadership has emerged, and the two main parties are in a state of internecine warfare. Parliamentarians do not understand how to reconcile their duty to act for the common good and the result of the referendum. The people are divided and the four nations comprising the United Kingdom are at odds. This volume brings together some of the greatest public intellectuals of their generation to debate the constitutional crisis at the heart of today's politics. Featuring contributions from A.C. Grayling, Joshua Rozenberg, Onora O'Neill, Will Hutton, Timothy Garton Ash and Michael Mansfield, this book provides important new perspectives on the most important political debate of the twenty-first century.