Democracy And Constitutions

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 54,6 Mb
Release : 2021-06-01
Category : Law
ISBN : 9781487537234

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Democracy and Constitutions by Allan C. Hutchinson Pdf

As things stand, a commitment to weak democracy and strong constitutionalism ensures that a range of elite groups, actors, and institutions – political, economic, intellectual, and legal – hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people. With the continued primacy of liberal constitutionalism, constitutional law has come to represent and facilitate the centrality of judicial power and authority. In Democracy and Constitutions, Allan C. Hutchinson warns against this deference to a legal elite on questions of constitutional meaning. For Hutchinson, an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society; it saps civic energies and relegates ordinary people to the sidelines. Engaging and provocative, Democracy and Constitutions charts a course away from the elitism of the present and toward a more democratic future, one that re-balances society’s commitment to both democracy and constitutions. Advocating for a strong democracy and weak constitutionalism, this book places ordinary people at the institutional heart of government and politics, arguing that such a re-calibration is better for democracy and for society.

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 50,5 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Author : Anneli Albi,Samo Bardutzky
Publisher : Springer
Page : 1522 pages
File Size : 43,7 Mb
Release : 2019-05-29
Category : Law
ISBN : 9789462652736

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National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by Anneli Albi,Samo Bardutzky Pdf

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Author : Jon Elster,Rune Slagstad
Publisher : Cambridge University Press
Page : 372 pages
File Size : 47,7 Mb
Release : 1988
Category : Philosophy
ISBN : 0521457211

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Constitutionalism and Democracy by Jon Elster,Rune Slagstad Pdf

The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

Author : Vernon Bogdanor,Policy Studies Institute
Publisher : Dartmouth Publishing Company
Page : 422 pages
File Size : 41,8 Mb
Release : 1988
Category : Law
ISBN : UOM:39015016874912

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Constitutions in Democratic Politics by Vernon Bogdanor,Policy Studies Institute Pdf

The contents of this book includes discussions of the history and theory of constitutions, the British, American and Commonwealth constitutions, the reactive constitutions of Japan, Italy, Germany, and France, the constitutions of the smaller democracies including Switzerland, Israel, Sweden, Belgium and the Netherlands.

Author : Cass R. Sunstein
Publisher : Oxford University Press, USA
Page : 300 pages
File Size : 50,8 Mb
Release : 2001
Category : Law
ISBN : 0195158407

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Designing Democracy by Cass R. Sunstein Pdf

A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 45,8 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Author : Walter F. Murphy
Publisher : JHU Press
Page : 588 pages
File Size : 43,5 Mb
Release : 2007
Category : Law
ISBN : 0801884705

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Constitutional Democracy by Walter F. Murphy Pdf

Publisher Description

Author : Walter F. Murphy
Publisher : Unknown
Page : 106 pages
File Size : 40,6 Mb
Release : 1988*
Category : Representative government and representation
ISBN : OCLC:30689336

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Constitutions, Constitutionalism, and Democracy by Walter F. Murphy Pdf

Author : Vernon Bogdanor,Policy Studies Institute
Publisher : Dartmouth Publishing Company
Page : 424 pages
File Size : 50,9 Mb
Release : 1988
Category : Constitutional law
ISBN : UCAL:B4372934

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Constitutions in Democratic Politics by Vernon Bogdanor,Policy Studies Institute Pdf

The contents of this book includes discussions of the history and theory of constitutions, the British, American and Commonwealth constitutions, the reactive constitutions of Japan, Italy, Germany, and France, the constitutions of the smaller democracies including Switzerland, Israel, Sweden, Belgium and the Netherlands.

Author : Maxwell A. Cameron
Publisher : Oxford University Press
Page : 270 pages
File Size : 47,8 Mb
Release : 2015-03
Category : Law
ISBN : 9780190235222

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Strong Constitutions by Maxwell A. Cameron Pdf

The separation of powers is an idea with ancient origins, but nowadays it is largely relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the 'war' on terrorism, the use of emergency powers, or constitutional reform. Strong Constitutions boldly places the separation of powers on a social scientific footing, arguing that it emerged with the spread of literacy, became central to constitutional thought after the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. Constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. Among them are the power to make decisions backed by legally sanctioned coercion; the deliberative power to make procedurally legitimate laws; and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are separated. They are generally stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 265 pages
File Size : 47,9 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108839846

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Redrafting Constitutions in Democratic Regimes by Gabriel L. Negretto Pdf

This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 53,9 Mb
Release : 1996
Category : Comparative government
ISBN : 0719046483

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Constitutions and Political Theory by Jan-Erik Lane Pdf

Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.

Author : Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 367 pages
File Size : 44,8 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9781919980027

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Rights and Democracy by Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt Pdf

The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 49,8 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564418

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How to Save a Constitutional Democracy by Tom Ginsburg,Aziz Z. Huq Pdf

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.