Democracy And Constitution
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Constitutional Democracy
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Author : Walter F. Murphy
language : en
Publisher: JHU Press
Release Date : 2007
Constitutional Democracy written by Walter F. Murphy and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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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.
Constitutionalism And Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1988
Constitutionalism And Democracy written by Jon Elster 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 1988 with Philosophy categories.
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Democratic Constitution Making
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Author : Vivien Hart
language : en
Publisher:
Release Date : 2003
Democratic Constitution Making written by Vivien Hart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Constitutional law categories.
Rights And Democracy
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Author : Henk Botha
language : en
Publisher: AFRICAN SUN MeDIA
Release Date : 2004-01-01
Rights And Democracy written by Henk Botha and has been published by AFRICAN SUN MeDIA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Political Science categories.
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Encyclopedia Of Global Justice
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Author : Deen K. Chatterjee
language : en
Publisher: Springer Science & Business Media
Release Date : 2011
Encyclopedia Of Global Justice written by Deen K. Chatterjee and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic books categories.
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017
The Constitution Of Freedom written by András Sajó 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 2017 with Law categories.
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Constitutional Culture And Democratic Rule
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Author : John A. Ferejohn
language : en
Publisher: Cambridge University Press
Release Date : 2001-10-08
Constitutional Culture And Democratic Rule written by John A. Ferejohn 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 2001-10-08 with History categories.
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996
Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Designing Democracy
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 2001-09-27
Designing Democracy written by Cass R. Sunstein 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 2001-09-27 with Law categories.
"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behavior by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind political conflict in democratic nations. At the same time, he develops a profound understanding of a constitutional democracy's system of checks and balances. Sunstein shows how a good constitution, fostering a "republic of reasons," enables people of opposing ethical and religious commitments to reach agreement where agreement is necessary, while making it unnecessary to reach agreement when agreement is impossible. A marvel of lucid, subtle reasoning, DESIGNING DEMOCRACY makes invaluable reading for anyone concerned with the promises and pitfalls of the democratic experiment.