A Constitutional Crisis

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 44,5 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

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Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

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."

Author : Robert Sharlet
Publisher : Routledge
Page : 250 pages
File Size : 55,7 Mb
Release : 2016-06-16
Category : Political Science
ISBN : 9781315486482

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Soviet Constitutional Crisis by Robert Sharlet Pdf

Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.

Author : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 45,8 Mb
Release : 2022-06-30
Category : Law
ISBN : 1108729207

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Constitutions in Times of Financial Crisis by Tom Ginsburg,Mark D. Rosen,Georg Vanberg Pdf

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.

Author : Jordan Stanger-Ross
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 54,6 Mb
Release : 2020-08-20
Category : History
ISBN : 9780228003076

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Landscapes of Injustice by Jordan Stanger-Ross Pdf

In 1942, the Canadian government forced more than 21,000 Japanese Canadians from their homes in British Columbia. They were told to bring only one suitcase each and officials vowed to protect the rest. Instead, Japanese Canadians were dispossessed, all their belongings either stolen or sold. The definitive statement of a major national research partnership, Landscapes of Injustice reinterprets the internment of Japanese Canadians by focusing on the deliberate and permanent destruction of home through the act of dispossession. All forms of property were taken. Families lost heirlooms and everyday possessions. They lost decades of investment and labour. They lost opportunities, neighbourhoods, and communities; they lost retirements, livelihoods, and educations. When Japanese Canadians were finally released from internment in 1949, they had no homes to return to. Asking why and how these events came to pass and charting Japanese Canadians' diverse responses, this book details the implications and legacies of injustice perpetrated under the cover of national security. In Landscapes of Injustice the diverse descendants of dispossession work together to understand what happened. They find that dispossession is not a chapter that closes or a period that neatly ends. It leaves enduring legacies of benefit and harm, shame and silence, and resilience and activism.

Author : Jack M. Balkin
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 47,7 Mb
Release : 2020
Category : Law
ISBN : 9780197530993

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The Cycles of Constitutional Time by Jack M. Balkin Pdf

"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--

Author : Ganesh Sitaraman
Publisher : Vintage
Page : 434 pages
File Size : 42,8 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781101973455

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The Crisis of the Middle-Class Constitution by Ganesh Sitaraman Pdf

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. 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.

Author : Charles R. Kesler
Publisher : Encounter Books
Page : 372 pages
File Size : 52,9 Mb
Release : 2021-02-16
Category : Philosophy
ISBN : 9781641771030

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Crisis of the Two Constitutions by Charles R. Kesler Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 0831500727

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Constitutional Crisis by Anonim Pdf

Author : David Powell
Publisher : Unknown
Page : 213 pages
File Size : 47,7 Mb
Release : 1996
Category : Great Britain
ISBN : OCLC:812196388

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The Edwardian Crisis by David Powell Pdf

The author provides a stimulating interpretation of the Edwardian period, offering valuable insights into the difficulties of governing a society in a time of rapid modernisation and suggesting a new perspective on the question of whether Britain was on the verge of revolution in the summer of 1914.

Author : Warren Lee Grant
Publisher : WestBow Press
Page : 256 pages
File Size : 42,5 Mb
Release : 2013-04-23
Category : Law
ISBN : 9781512738070

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A Constitutional Crisis by Warren Lee Grant Pdf

America is facing a constitutional crisis that threatens the continuation of the Republic as founded and structured. The US Supreme Court is a primary agent in the rise, expansion, and promotion of this crisis. By the employ of one of the amendments, the Court continues its work of restructuring the governmental order established by the Constitution and of shifting the nation from its Christian foundation to one wholly secular. Such actions by the Court raise very serious questions: By what lawful authority does the Court engage in this work? What are the driving motives behind the Courts stratagem? What are some of the main consequences thus far produced? Address is given to these questions, as well as to the means of restoring constitutional order and limiting the powers of the Supreme Court to those specified.

Author : Paul L. Murphy
Publisher : New York : Harper & Row
Page : 616 pages
File Size : 44,6 Mb
Release : 1972
Category : Constitutional history
ISBN : UCAL:B4920013

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The Constitution in Crisis Times, 1918-1969 by Paul L. Murphy Pdf

Assesses fifty years of constitutional development against a background of shifting national moods and public pressures.

Author : Christopher Thornhill
Publisher : Cambridge University Press
Page : 281 pages
File Size : 48,7 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781108496087

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Democratic Crisis and Global Constitutional Law by Christopher Thornhill Pdf

Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.

Author : Marjorie Montgomery Bowker
Publisher : Lone Pine Pub.
Page : 140 pages
File Size : 53,8 Mb
Release : 1991
Category : Canada
ISBN : STANFORD:36105044584147

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Canada's Constitutional Crisis by Marjorie Montgomery Bowker Pdf

Subtitle: making sense of it all (a background analysis & a look at the future). The history and politics of Canada's constitution, including the 1867 British North America Act, the 1982 Constitution Act, and the Meech Lake Accord. Considers the issues that remain and examines the various options.

Author : Robert Sharlet
Publisher : Routledge
Page : 205 pages
File Size : 45,6 Mb
Release : 2016-06-16
Category : Political Science
ISBN : 9781315486475

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Soviet Constitutional Crisis by Robert Sharlet Pdf

Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.

Author : Paul Blokker
Publisher : Routledge
Page : 215 pages
File Size : 49,9 Mb
Release : 2013-09-05
Category : Political Science
ISBN : 9781134469376

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New Democracies in Crisis? by Paul Blokker Pdf

This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.