Constitutions In Crisis

Author : Charles R. Kesler
Publisher : Encounter Books
Page : 372 pages
File Size : 51,6 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 American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social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 : Tom Ginsburg,Mark D. Rosen,Georg Vanberg
Publisher : Cambridge University Press
Page : 342 pages
File Size : 47,7 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 : John E. Finn
Publisher : Oxford University Press, USA
Page : 285 pages
File Size : 48,6 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 : Xenophon Contiades
Publisher : Routledge
Page : 338 pages
File Size : 40,6 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317161615

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Constitutions in the Global Financial Crisis by Xenophon Contiades Pdf

This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

Author : Ganesh Sitaraman
Publisher : Vintage
Page : 434 pages
File Size : 55,7 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 : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,6 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 : Sanford Levinson
Publisher : Oxford University Press
Page : 448 pages
File Size : 42,8 Mb
Release : 2012-04-03
Category : History
ISBN : 9780199890750

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Framed by Sanford Levinson Pdf

In this book the author examines the U.S. Constitution, as well as state constitutions, and questions the capacity of these documents to meet contemporary challenges.

Author : Paul L. Murphy
Publisher : New York : Harper & Row
Page : 616 pages
File Size : 43,7 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 : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 50,8 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

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Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Author : Axel Hadenius
Publisher : Cambridge University Press
Page : 298 pages
File Size : 46,9 Mb
Release : 1997-08-28
Category : Political Science
ISBN : 0521573114

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Democracy's Victory and Crisis by Axel Hadenius Pdf

Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.

Author : Alan Greene
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 41,6 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781509906161

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Permanent States of Emergency and the Rule of Law by Alan Greene Pdf

Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Author : Markus W. Gehring
Publisher : Cambridge University Press
Page : 439 pages
File Size : 50,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108487962

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Europe's Second Constitution by Markus W. Gehring Pdf

European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

Author : Paul Blokker
Publisher : Routledge
Page : 216 pages
File Size : 41,8 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.

Author : Christos Memos
Publisher : Routledge
Page : 252 pages
File Size : 51,5 Mb
Release : 2021-04-14
Category : Political Science
ISBN : 9781351608558

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Global Economic Crisis as Social Hieroglyphic by Christos Memos Pdf

This book examines the 2008 global economic crisis as a complex social phenomenon or "social hieroglyphic", arguing that the crisis is not fundamentally economic, despite presenting itself as such. Instead, it is considered to be a symptom of a long-standing, multifaceted, and endemic crisis of capitalism which has effectively become permanent, leading contemporary capitalist societies into a state of social regression, manifest in new forms of barbarism. The author offers a qualitative understanding of the economic crisis as the perversion, or inversion, of the capitalistically organized social relations. The genesis of the current crisis is traced back to the unresolved world crisis surrounding the Great Depression in order to map the course and different "inverted forms" of the continuous global crisis of capitalism, and to reveal their inner connections as derivative of the same social constitution. From a historical and interdisciplinary perspective, the book expounds critical social theory, elaborating on the intersection between the early critical theory of the Frankfurt School – mainly Adorno, Horkheimer, and Marcuse – and the "social form" analysis of the Open Marxism school. Global Economic Crisis as Social Hieroglyphic critically addresses the permanent character of the 1920s–1930s crisis and the "crisis theory" debates; the political crisis in Eastern Europe (1953–1968); the crisis of Keynesianism; the crisis of subversive reason; the crisis, negative anthropology and transformations of the bourgeois individual; the state of social regression and the destructive tendencies after the rise of neoliberalism; and finally, the 2008 financial crisis and its ongoing aftermath.

Author : Margaret Atwood Judson
Publisher : Unknown
Page : 464 pages
File Size : 42,9 Mb
Release : 1964
Category : Constitutional history
ISBN : STANFORD:36105005334813

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The Crisis of the Constitution by Margaret Atwood Judson Pdf