Dimensions Of Constitutional Democracy

Author : Anupama Roy,Michael Becker
Publisher : Springer Nature
Page : 238 pages
File Size : 53,8 Mb
Release : 2020-06-01
Category : Political Science
ISBN : 9789811538995

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Dimensions of Constitutional Democracy by Anupama Roy,Michael Becker Pdf

This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparative constitutionalism, law and human rights.

Author : Anonim
Publisher : Unknown
Page : 238 pages
File Size : 51,8 Mb
Release : 2020
Category : Constitutional law
ISBN : 9811539006

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Dimensions of Constitutional Democracy by Anonim Pdf

This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparati ve constitutionalism, law and human rights.

Author : Walter F. Murphy
Publisher : JHU Press
Page : 588 pages
File Size : 52,6 Mb
Release : 2007
Category : Law
ISBN : 0801884705

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Constitutional Democracy by Walter F. Murphy Pdf

Publisher Description

Author : Sabino Cassese
Publisher : Global Law Press
Page : 176 pages
File Size : 50,7 Mb
Release : 2012-01-06
Category : Law
ISBN : 9788493634964

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The Global Polity by Sabino Cassese Pdf

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 41,7 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 : Jeffrey K. Tulis,Stephen Macedo
Publisher : Princeton University Press
Page : 360 pages
File Size : 46,5 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781400836796

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The Limits of Constitutional Democracy by Jeffrey K. Tulis,Stephen Macedo Pdf

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 46,5 Mb
Release : 2016-10-15
Category : Law
ISBN : 9781501712913

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The Supreme Court and Constitutional Democracy by John Agresto Pdf

In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.

Author : John A. Ferejohn,Jack N. Rakove,Jonathan Riley
Publisher : Cambridge University Press
Page : 430 pages
File Size : 54,9 Mb
Release : 2001-10-08
Category : History
ISBN : 052179370X

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Constitutional Culture and Democratic Rule by John A. Ferejohn,Jack N. Rakove,Jonathan Riley Pdf

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 47,9 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564388

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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 election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? 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 either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But 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.

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 45,9 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.

Author : Dennis C. Mueller
Publisher : Unknown
Page : 382 pages
File Size : 53,8 Mb
Release : 1996
Category : Comparative government
ISBN : 0019509588

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Constitutional Democracy by Dennis C. Mueller Pdf

Author : Paolo Sandro
Publisher : Bloomsbury Publishing
Page : 331 pages
File Size : 48,9 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509905225

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The Making of Constitutional Democracy by Paolo Sandro Pdf

This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.

Author : Svante Ersson,Jan-Erik Lane
Publisher : Routledge
Page : 325 pages
File Size : 41,9 Mb
Release : 2013-04-15
Category : Political Science
ISBN : 9781135136420

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Democracy by Svante Ersson,Jan-Erik Lane Pdf

Jan-Erik Lane is a very experienced and well-known author Unique - no other book has such a systematic and global approach to their analysis of democracy (uses methodological positivism) Plenty of use of empirical evidence, so will be useful as a reference tool

Author : Edward V. Schneier
Publisher : Rowman & Littlefield Publishers
Page : 292 pages
File Size : 54,6 Mb
Release : 2006
Category : Law
ISBN : UOM:39015062540722

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Crafting Constitutional Democracies by Edward V. Schneier Pdf

By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.

Author : Miguel Nogueira de Brito,Luís Pereira Coutinho
Publisher : Springer Nature
Page : 185 pages
File Size : 45,6 Mb
Release : 2020-03-21
Category : Law
ISBN : 9783030384593

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The Political Dimension of Constitutional Law by Miguel Nogueira de Brito,Luís Pereira Coutinho Pdf

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.