How To Save A Constitutional Democracy
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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.
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 Collapse Of Constitutional Remedies
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Author : Aziz Z. Huq
language : en
Publisher: Oxford University Press
Release Date : 2021
The Collapse Of Constitutional Remedies written by Aziz Z. Huq 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.
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
Democracy S Victory And Crisis
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Author : Axel Hadenius
language : en
Publisher: Cambridge University Press
Release Date : 1997-08-28
Democracy S Victory And Crisis written by Axel Hadenius 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 1997-08-28 with Political Science categories.
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Democratic Crisis And Global Constitutional Law
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Author : Christopher Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-28
Democratic Crisis And Global Constitutional Law written by Christopher Thornhill 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 2021-01-28 with Law categories.
Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.
Democracies And International Law
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
Democracies And International Law 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 2021-09-30 with Law categories.
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Saving Democracy
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Author : Kevin O'Leary
language : en
Publisher: Stanford University Press
Release Date : 2006
Saving Democracy written by Kevin O'Leary and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
Saving Democracy presents a bold yet practical plan for reinventing American democracy for the twenty-first century. The book diagnoses contemporary political ills as symptoms of corruption in our large republic and develops a new understanding of representative democracy. Building on the ideas of James Madison and Thomas Jefferson, Saving Democracy shows how it is possible to combine the traditional town hall and the Internet to fashion a new theory of representative government that empowers citizens and bridges the enormous gap that now exists between the political elite and the average voter. Under the author's plan, in each of the nation's 435 congressional districts a local assembly of 100 citizens, selected by lot, would meet to discuss the major domestic and international issues. The role of this assembly would be deliberative and advisory and its views would constitute a second, more sophisticated and informed measure of public opinion than traditional public opinion polls. The next step would be the establishment of the People's House, which would hold actual legislative power.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
The East Asian Challenge For Democracy
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Author : Daniel A. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-12
The East Asian Challenge For Democracy written by Daniel A. Bell 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 2013-08-12 with Political Science categories.
The rise of China, along with problems of governance in democratic countries, has reinvigorated the theory of political meritocracy. But what is the theory of political meritocracy and how can it set standards for evaluating political progress (and regress)? To help answer these questions, this volume gathers a series of commissioned research papers from an interdisciplinary group of leading philosophers, historians and social scientists. The result is the first book in decades to examine the rise (or revival) of political meritocracy and what it will mean for political developments in China and the rest of the world. Despite its limitations, meritocracy has contributed much to human flourishing in East Asia and beyond and will continue to do so in the future. This book is essential reading for those who wish to further the debate and perhaps even help to implement desirable forms of political change.
The Decline Of Constitutional Democracy In Indonesia
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Author : Herbert Feith
language : en
Publisher: Equinox Publishing
Release Date : 2007
The Decline Of Constitutional Democracy In Indonesia written by Herbert Feith and has been published by Equinox Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Political Science categories.
This is an intensive study of Indonesian politics from the attainment of full independence in December 1949 to the proclamation of martial law in March 1957, and President Soekarno's subsequent establishment of "guided democracy". It is intended as a contribution to the ongoing discussion of democracy in the new states of Asia and Africa, of the ways in which Western political institutions are transformed when employed in non-Western social settings, and of the obstacles to be overcome if such institutions are to operate in consonance with the authority systems of new nations and with their solution of economic and administrative problems. Now brought back into print as a member of Equinox Publishing's Classic Indonesia series, The Decline of Constitutional Democracy is considered to be the definitive study of Indonesia in the 1950s and will be of great interest to the growing number of social scientists concerned with the pre-industrial nations and in particular with their efforts to use and adapt Western political institutions. This is a solid and scholarly account, but, writing on the basis of much personal observation, Dr. Feith manages to present his material in such a way that readers with no previous background in the subject will be able to follow the book almost as easily as will specialists. HERBERT FEITH (1930-2001) became familiar with Indonesia during 1951-53 and 1954-56 when he was an English Language Assistant with the Ministry of Information of the Republic of Indonesia. A citizen of Australia, he received an M.A. degree from the University of Melbourne in 1955 and a Ph.D. from Cornell University in 1961. He was a Research Fellow in the Department of Pacific History, Australian National University, from 1960 to 1962 and was Chair of Politics at Monash University from 1968 until 1974.