Design Of Constitutions
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Design Of Constitutions
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Author : Stefan Voigt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013
Design Of Constitutions written by Stefan Voigt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
Constitutional political economy in the European Union / Dennis C. Mueller -- Constitutional design : proposals versus processes / Donald L. Horowitz -- The wave of power-sharing democracy / Arend Lijphart -- Forces and mechanisms in the constitution-making process / Jon Elster -- The consequences of popular participation in constitutional choice : towards a comparative analysis / Stefan Voigt -- Does it matter how a constitution is created? / John M. Carey -- Does the process of constitution-making matter? / Tom Ginsburg, Zachary Elkins and Justin Blount -- The economic effects of human rights / Lorenz Blume and Stefan Voigt -- Social rights in the constitution and in practice / Avi Ben-Bassat and Momi Dahan -- Electoral rules and government spending in parliamentary democracies / Torsten Persson, Gerard Roland and Guido Tabellini -- Endogenous constitutions / Davide Ticchi and Andrea Vindigni -- Separation of powers and political accountability / Torsten Persson, Gérard Roland and Guido Tabellini -- Endogenous political institutions / Philippe Aghion, Alberto Alesina and Francesco Trebbi -- On the merits of bicameral legislatures : intragovernmental bargaining and policy stability / Roger D. Congleton -- Bicameralism and corruption / Cecilia Testa -- Self-enforcing federalism / Rui J.P. de Figueiredo, Jr. and Barry R. Weingast -- Federalism and the democratic transition : lessons from South Africa / Robert P. Inman and Daniel L. Rubinfeld -- Direct democracy : designing a living constitution / Bruno S. Frey and Alois Stutzer -- The economic effects of direct democracy : a first global assessment / Lorenz Blume, Jens Müller and Stefan Voigt -- The new separation of powers / Bruce Ackerman -- Choosing not to choose : when politicians choose to delegate powers / Stefan Voigt and Eli M. Salzberger -- Locking in democracy : constitutions, commitment, and international law / Tom Ginsburg -- Improving credibility by delegating judicial competence : the case of the Judicial Committee of the Privy Council / Stefan Voigt, Michael Ebeling and Lorenz Blume.
Design Of Constitutions
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language : en
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Design Of Constitutions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Patterns Of Constitutional Design
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Author : Jonathan Wheatley
language : en
Publisher: Routledge
Release Date : 2016-05-13
Patterns Of Constitutional Design written by Jonathan Wheatley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Political Science categories.
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Principles Of Constitutional Design
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Author : Donald S. Lutz
language : en
Publisher:
Release Date : 2014-05-14
Principles Of Constitutional Design written by Donald S. Lutz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Political Science categories.
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.
Uncovering The Constitution S Moral Design
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Author : Paul R. DeHart
language : en
Publisher: University of Missouri Press
Release Date : 2007
Uncovering The Constitution S Moral Design written by Paul R. DeHart and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.
Patterns Of Constitutional Design
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Author : Fernando Mendez
language : en
Publisher:
Release Date : 2007
Patterns Of Constitutional Design written by Fernando Mendez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict management categories.
The Calculus Of Consent And Constitutional Design
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Author : Keith Dougherty
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-16
The Calculus Of Consent And Constitutional Design written by Keith Dougherty 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 2011-03-16 with Political Science categories.
Buchanan and Tullock’s seminal work, The Calculus of Consent, linked economic methodology to substantive questions in political science. Among the major contributions of their book is a connection between constitutional decision making and contractarianism, a philosophical tradition that proponents believe can give institutions legitimacy. In other words, a major contribution of their book is a clear connection between empirical decision making and normative principles. The current book formalizes and extends their foundational ideas as it attempts to show how economic and philosophical arguments about the "best" voting rules can be used to improve constitutional design. It informs debates about constitutional political economy in comparative politics, democratic theory, and public choice. Political scientists often ask questions about what causes a nation to seek a new constitution, how constitutions are made, and what factors allow for corrupt decision making. The Calculus of Consent and Constitutional Design bridges the gap between normative questions about which institutions are most efficient and fair and empirical questions about how constitutions are formed. This provides a benchmark to help create better constitutions and informs empirical research about what institutions are most likely to succeed. The book begins by showing how contractarian ideals can be used to justify choices about decision-making. It then carefully defines several concepts employed by Buchanan and Tullock and shows why the relationships between these concepts may not be as closely linked as Buchanan and Tullock first thought. This provides a backdrop for analyzing the three phases of constitutional decision-making: 1) the constitutional phase, where rules for constitutional decision making must be justified; 2) the legislative phase, where the optimal k-majority rule is analyzed; and 3) the electoral phase, where the optimal voting rule for large electorates and open alternatives are determined. These phases differ by context and sources of legitimacy. Computational models and analytic techniques are introduced in each of these chapters. Finally, the book concludes with statements about the significance of the research for the creation of constitutions more broadly.
Comparative Constitutional Design
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Comparative Constitutional Design 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 2012-02-27 with Law categories.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Social And Political Foundations Of Constitutions
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Author : Denis James Galligan
language : en
Publisher: Cambridge University Press
Release Date : 2013
Social And Political Foundations Of Constitutions written by Denis James Galligan 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 2013 with Constitutional law categories.
"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--
The Endurance Of National Constitutions
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Author : Zachary Elkins
language : en
Publisher: Cambridge University Press
Release Date : 2009-10-12
The Endurance Of National Constitutions written by Zachary Elkins 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 2009-10-12 with Law categories.
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.