Constitutional Crisis

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,9 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 : Christopher Thornhill
Publisher : Cambridge University Press
Page : 281 pages
File Size : 41,5 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 : Robert Sharlet
Publisher : Routledge
Page : 250 pages
File Size : 50,6 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 : 45,9 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 : Ganesh Sitaraman
Publisher : Vintage
Page : 434 pages
File Size : 54,7 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 : Jordan Stanger-Ross
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 49,7 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 : Armin von Bogdandy,Pál Sonnevend
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 50,7 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253334

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Constitutional Crisis in the European Constitutional Area by Armin von Bogdandy,Pál Sonnevend Pdf

The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2024-06-30
Category : Electronic
ISBN : 0831500727

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Constitutional Crisis by Anonim Pdf

Author : Peter H. Russell,Lorne Sossin
Publisher : University of Toronto Press
Page : 336 pages
File Size : 54,7 Mb
Release : 2009-04-04
Category : Political Science
ISBN : 9781442693371

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Parliamentary Democracy in Crisis by Peter H. Russell,Lorne Sossin Pdf

In November 2008, as the economic decline was being fully realized, Canada's newly elected minority government, led by Conservative Stephen Harper, presented a highly divisive fiscal update in advance of a proposed budget. Unable to support the motion, the Liberal and New Democratic Parties, with the backing of the Bloc Québécois, formed a coalition in order to seek a no-confidence vote and to form a new government. In response, Conservative cabinet ministers launched a media blitz, informing Canadians that the opposition was mounting a 'coup d'état.' Ultimately Governor General Michaëlle Jean allowed Parliament to be prorogued, the coalition fell apart, and a budget was accepted by the House in January 2009. However, widespread public uncertainty and confusion about the principles of government evident during the crisis revealed a grave lack of understanding about the mechanics and legalities of parliamentary democracy on the part of Canadians. With a foreword by former Governor General Adrienne Clarkson, Parliamentary Democracy in Crisis brings together journalists, political scientists, and leading constitutional experts to analyse the crisis and to discuss the nature of Canada's democracy. The contributors bring perspectives from both French and English Canada and cover all aspects of the crisis, including the prorogation of Parliament, the role of the governor general, the proposed Liberal-NDP coalition, the challenges of minority parliaments, and the now-evident rifts in the culture of Canadian democracy. Knowledgeable and comprehensive but still highly accessible, Parliamentary Democracy in Crisis provides a reasoned and timely response to Canada's parliamentary crisis of November 2008.

Author : Thomas Beukers,Bruno de Witte,Claire Kilpatrick
Publisher : Cambridge University Press
Page : 356 pages
File Size : 53,8 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781107184497

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Constitutional Change through Euro-Crisis Law by Thomas Beukers,Bruno de Witte,Claire Kilpatrick Pdf

A multilevel and comparative constitutional analysis of the impact of Euro-crisis law on the EU Constitution and its Member States.

Author : Robert Sharlet
Publisher : Routledge
Page : 205 pages
File Size : 51,9 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 : Marjorie Montgomery Bowker
Publisher : Lone Pine Publishing
Page : 140 pages
File Size : 51,9 Mb
Release : 1991
Category : Law
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 : DJ Galligan
Publisher : Bloomsbury Publishing
Page : 128 pages
File Size : 55,5 Mb
Release : 2017-08-30
Category : History
ISBN : 9781786722966

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Constitution in Crisis by DJ Galligan Pdf

The debates that began at St Mary's Church, Putney on 28 October 1647 pioneered the liberal, democratic settlement in England: a written constitution, universal suffrage, freedom of conscience and equality before the law. Four centuries later, the 2016 Brexit referendum raised fundamental questions concerning the constitution of the United Kingdom. Following the High Court ruling that the government, under a centuries-old Royal Prerogative, does not have the power to trigger Article 50 to leave the EU, MPs have claimed that we are entering a full-blown constitutional crisis. The parallels between 1647 and 2017 are striking. Government has been toppled, a new leadership has emerged, and the two main parties are in a state of internecine warfare. Parliamentarians do not understand how to reconcile their duty to act for the common good and the result of the referendum. The people are divided and the four nations comprising the United Kingdom are at odds. This volume brings together some of the greatest public intellectuals of their generation to debate the constitutional crisis at the heart of today's politics. Featuring contributions from A.C. Grayling, Joshua Rozenberg, Onora O'Neill, Will Hutton, Timothy Garton Ash and Michael Mansfield, this book provides important new perspectives on the most important political debate of the twenty-first century.

Author : John E. Finn
Publisher : Oxford University Press, USA
Page : 285 pages
File Size : 54,7 Mb
Release : 1991
Category : Constitutional law
ISBN : 9780195057386

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Constitutions in Crisis by John E. Finn Pdf

With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.

Author : Paul Blokker
Publisher : Routledge
Page : 215 pages
File Size : 51,7 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.