Eternity Clauses In Democratic Constitutionalism
DOWNLOAD
Download Eternity Clauses In Democratic Constitutionalism PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Eternity Clauses In Democratic Constitutionalism book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Eternity Clauses In Democratic Constitutionalism
DOWNLOAD
Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-05-20
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu 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 2021-05-20 with Law categories.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
An Unamendable Constitution
DOWNLOAD
Author : Richard Albert
language : en
Publisher: Springer
Release Date : 2018-09-03
An Unamendable Constitution written by Richard Albert and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Democracy Despite Itself
DOWNLOAD
Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2024-05-30
Democracy Despite Itself written by Benjamin A. Schupmann 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 2024-05-30 with Law categories.
Recent developments, including anti-democratic moves by governments in Hungary, India, and Turkey and the rise of populist leaders, demonstrate the threat posed to democratic values by legal revolution and other acts committed within the confines of the system. Militant democracy, a form of constitutional entrenchment, can protect these values from the harmful influence of illiberal regimes. However, critics and proponents alike wonder whether these tactics risk undermining democracy in the process of trying to save it. Democracy despite Itself advances a liberal normative theory of militant democracy by combining American philosopher John Rawls' political liberalism with German jurist Carl Schmitt's state theory. It argues for the adoption of three constitutional mechanisms of militant democracy-explicit unamendability, political rights restrictions, and the guardianship of a constitutional court-to prevent the subversion and erosion of democracy by the abuse of legal measures. Rawls' thought provides the substantive democratic content of this theory, establishing basic liberal rights as a precondition for legitimate government. Schmitt's thought provides the militant political form, justifying the state's use of proactive militant measures to preserve the political identity of its constitution. This blending of works by two thinkers rarely regarded as complementary is a novel approach that offers a compelling vision for how liberal democracy can be protected from anti-democratic actors.
Democracy Despite Itself
DOWNLOAD
Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2024-05-30
Democracy Despite Itself written by Benjamin A. Schupmann 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 2024-05-30 with Law categories.
Democracy is in decline, largely because of the legal actions of anti-democratic actors working within the system. Incorporating the work of John Rawls and Carl Schmitt, Democracy despite Itself argues that tactics of militant democracy, including constitutional entrenchment, offer protection against the dissolution of liberal democracy.
Constitutional Democracy
DOWNLOAD
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.
Publisher Description
The Limits Of Constitutional Democracy
DOWNLOAD
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.
Constitutional Culture And Democratic Rule
DOWNLOAD
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.
Democratic Constitution Making
DOWNLOAD
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.
Constitutionalism And Democracy
DOWNLOAD
Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05
Constitutionalism And Democracy written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Constitutionalism And A Right To Effective Government
DOWNLOAD
Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-31
Constitutionalism And A Right To Effective Government written by Vicki C. Jackson 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 2022-10-31 with Law categories.
This interdisciplinary volume highlights the crucial role of effective government in sustaining democratic constitutionalism. In each chapter, leaders in the fields of constitutional law and politics provide innovative analyses of the relationships between effective government and democratic constitutionalism, its principles, and its institutions.