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Democratizing the Constitution by Peter Aucoin,Lori Beth Turnbull,Mark D. Jarvis Pdf
This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.
Democratizing Constitutional Law by Thomas Bustamante,Bernardo Gonçalves Fernandes Pdf
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Patterns of Constitutional Design by Jonathan Wheatley,Fernando Mendez Pdf
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Democratization and the Politics of Constitution-making in Turkey by Ergun ™zbudun,™mer Faruk Gen‡kaya Pdf
The Turkish experience in constitution-making can be described as a series of missed opportunities to create political institutions based on broad consensus. None of the three republican constitutions (those of 1924, 1961, and 1982), nor the Ottoman Constitution of 1876 was written by a Constituent or a Legislative Assembly broadly representative of social forces or through a process of negotiations, bargaining, and compromise. Consequently, they all had weak political legitimacy. No doubt, the prospects of EU membership provided a powerful stimulus for these constitutional reforms as well as the nine harmonization packages. With these reforms, Turkey has sufficiently satisfied the Copenhagen political criteria and started accession negotiations with the EU. It would be wrong to assume, however, that these reforms were simply an outcome of Turkey's desire to join the EU. They also responded to the society's demands for a more democratic and liberal political system. Book jacket.
How to Democratize the European Union-- and why Bother? by Philippe C. Schmitter Pdf
A contradictory creation indeed, the European Union has most of the institutions of a modern democracy, yet it does not function as one. Moreover, its growing scope of activity and supranational decision making processes are undermining the legitimacy of democracy in its member states. Much has been written about this double "democratic deficit," but surprisingly little thought has been given to what to do about it--short of drafting and ratifying a new federal constitution. In this provocative book, Philippe C. Schmitter explores both the possibility and the desirability of democratizing the EU. He argues that as a "non-state" and a "non nation" it will have to invent new forms of citizenship, representation, and decisionmaking if it is ever to democratize itself. The author also contends that the timing and political context work against a full-scale constitutionalization of the process. He proposes a number of modest (and some less modest) reforms that could improve the situation in the near future and eventually lead to a genuine Euro-democracy.
Democratization and the Judiciary by Roberto Gargarella,Siri Gloppen,Elin Skaar Pdf
This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: there are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
"Canada's prime minister is a dictator." "The Sun King of Canadian government." "More powerful than any other chief executive of any other democratic country." These kinds of claims are frequently made about Canada's leader – especially when the prime minister's party holds a majority government in Parliament. But is there any truth to these arguments? At the Centre of Government not only presents a comprehensively researched work on the structure of political power in Canada but also offers a first-hand view of the inner workings of the Canadian federal government. Ian Brodie – former chief of staff to Prime Minister Stephen Harper and former executive director of the Conservative Party of Canada – argues that the various workings of the Prime Minister's Office, the Privy Council Office, the cabinet, parliamentary committees, and the role of backbench members of Parliament undermine propositions that the prime minister has evolved into the role of an autocrat, with unchecked control over the levers of political power. He corrects the dominant thinking that Canadian prime ministers hold power without limits over their party, caucus, cabinet, Parliament, the public service, and the policy agenda. Citing examples from his time in government and from Canadian political history he argues that in Canada's evolving political system, with its roots in the pre-Confederation era, there are effective checks on executive power, and that the golden age of Parliament and the backbencher is likely now. Drawing on a vast body of work on governance and the role of the executive branch of government, At the Centre of Government is a fact-based primer on the workings of Canadian government and sobering second thoughts about many proposals for reform.
Funding Democratization by Peter J. Burnell,Allan Ware Pdf
Democracy is a fine political system, but an expensive economic venture. Political parties and election campaigns cost money. Where does the money come from and at what sacrifice? Issues connected with political finance are significant but often neglected aspects of the process of democratization. Funding Democratization examines how money and politics interact in emerging democracies. The contributors investigate the funding of political parties in early North America, financial uncertainties of party formation in European countries, funding of democratization in new democracies, and the influence of funding on contenders for power. They also address the nature of political competition in countries that are seeking to embrace, often for the first time, the rules of democracy. They question in what ways politicians can help make democracy affordable. The volume compares important democratizing countries, such as Russia, Brazil, South Africa, Spain, and the regions of East Asia and East/Central Europe. It also investigates the lessons that emerging democracies can learn from the history of political finance in today's more established democracies. Funding Democratization will be of interest to political scientists and specialists in international social and political development. Peter Burnell studied economics and politics at the University of Bristol before going on to complete his graduate studies with a dissertion on "The Political and Social Thought of Thomas Paine, 1737-1809," both at the University of Warwick. He is the founding joint editor of the journal Democratization and the accompanying book series Democratization Studies. Alan Ware is a professor of politics and a tutorial fellow in politics at Worcester College, Oxford University. His research interests include U.S. politics and comparative government.
Limits to Democratic Constitutionalism in Central and Eastern Europe by Bogusia Puchalska Pdf
In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
A Practical Guide to Constitution Building: Principles and cross-cutting themes by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace." -- Provided by publisher.
The Politics of Memory by Alexandra Barahona De Brito,Carmen Gonzalez Enriquez,Paloma Aguilar Pdf
One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.
Author : Robert E. Ward,Yoshikazu Sakamoto Publisher : University of Hawaii Press Page : 571 pages File Size : 43,6 Mb Release : 2019-03-31 Category : History ISBN : 9780824880729
Democratizing Japan by Robert E. Ward,Yoshikazu Sakamoto Pdf
The value of this book resides in the interweaving of Japanese and American scholarship and viewpoints on a number of aspects of the total Occupation experience that are of critical importance to a historical explanation of its accomplishments or shortfalls. Attention is given to the new constitution of 1946-1947, the most fundamental institutional change wrought by the Occupation's major programs of institutional and procedural reform and the formation and early development of the conservative and reformist parties.
Federalism, Democratization, and the Rule of Law in Russia by Jeffrey Kahn Pdf
Combining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia's attempts to create - as its constitution states in the very first article - a 'Democratic, federal, rule-of-law state'
Can Democracy be Designed? by Sunil Bastian,Robin Luckham Pdf
Constitution-making for democracy has always been a highly political and contested process. It has never been more ambitious, or more difficult, than today as politicians and experts attempt to build democratic institutions that will foster peace and stability in countries torn by violent conflict. The extended investigation out of which this book has grown has ranged across three continents. It has examined such apparently intractable cases as Bosnia-Herzegovina, Sri Lanka and Fiji, as well as apparent 'success stories' like South Africa, Ghana and Uganda. Three groups of questions are explored: * How and by whom were democratic institutions (re)designed? * How have they functioned in practice: what has been the relationship between democratic institutions and democratic politics? * How have they measured up to the pressures placed on them by ongoing violence, poverty, globalization and democratization itself? The authors, while regarding democracy as a general entitlement, refuse to subscribe to a triumphalist view which sees it as a universal panacea. Instead they seek to understand how democratic institutions actually facilitate (or sometimes fail to facilitate) improved governance and the management of conflict in a variety of national settings. This thoughtful and empirical set of explorations is highly relevant to other societies wrestling with similar problems of institutional design in situations of democratic transition and/or deep-seated social conflict.
