Patterns Of Constitutional Design

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Patterns of Constitutional Design

Jonathan Wheatley,Fernando Mendez
Patterns of Constitutional Design Book PDF

Author : Jonathan Wheatley,Fernando Mendez
Publisher : Routledge
Page : 202 pages
File Size : 40,9 Mb
Release : 2016-05-13
Category : Political Science
ISBN : 9781317083054

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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.

Borrowing Constitutional Designs

Cindy Skach
Borrowing Constitutional Designs Book PDF

Author : Cindy Skach
Publisher : Princeton University Press
Page : 168 pages
File Size : 50,6 Mb
Release : 2011-02-11
Category : Political Science
ISBN : 1400832624

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Borrowing Constitutional Designs by Cindy Skach Pdf

After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

The Calculus of Consent and Constitutional Design

Keith Dougherty,Julian Edward
The Calculus of Consent and Constitutional Design Book PDF

Author : Keith Dougherty,Julian Edward
Publisher : Springer Science & Business Media
Page : 124 pages
File Size : 46,7 Mb
Release : 2011-03-16
Category : Political Science
ISBN : 9780387981710

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The Calculus of Consent and Constitutional Design by Keith Dougherty,Julian Edward Pdf

Buchanan and Tullock’s seminal work, The Calculus of Consent, linked economic methodology to substantive questions in political science. Among the major contributions of their book is a connection between constitutional decision making and contractarianism, a philosophical tradition that proponents believe can give institutions legitimacy. In other words, a major contribution of their book is a clear connection between empirical decision making and normative principles. The current book formalizes and extends their foundational ideas as it attempts to show how economic and philosophical arguments about the "best" voting rules can be used to improve constitutional design. It informs debates about constitutional political economy in comparative politics, democratic theory, and public choice. Political scientists often ask questions about what causes a nation to seek a new constitution, how constitutions are made, and what factors allow for corrupt decision making. The Calculus of Consent and Constitutional Design bridges the gap between normative questions about which institutions are most efficient and fair and empirical questions about how constitutions are formed. This provides a benchmark to help create better constitutions and informs empirical research about what institutions are most likely to succeed. The book begins by showing how contractarian ideals can be used to justify choices about decision-making. It then carefully defines several concepts employed by Buchanan and Tullock and shows why the relationships between these concepts may not be as closely linked as Buchanan and Tullock first thought. This provides a backdrop for analyzing the three phases of constitutional decision-making: 1) the constitutional phase, where rules for constitutional decision making must be justified; 2) the legislative phase, where the optimal k-majority rule is analyzed; and 3) the electoral phase, where the optimal voting rule for large electorates and open alternatives are determined. These phases differ by context and sources of legitimacy. Computational models and analytic techniques are introduced in each of these chapters. Finally, the book concludes with statements about the significance of the research for the creation of constitutions more broadly.

Comparative Constitutional Design

Tom Ginsburg
Comparative Constitutional Design Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 44,7 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107020566

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Comparative Constitutional Design by Tom Ginsburg Pdf

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

Comparative Constitutional Design

Tom Ginsburg
Comparative Constitutional Design Book PDF

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,7 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107379701

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Comparative Constitutional Design by Tom Ginsburg Pdf

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.

Democratic Constitutional Design and Public Policy

Roger D. Congleton,Birgitta Swedenborg
Democratic Constitutional Design and Public Policy Book PDF

Author : Roger D. Congleton,Birgitta Swedenborg
Publisher : Unknown
Page : 392 pages
File Size : 54,8 Mb
Release : 2006
Category : Business & Economics
ISBN : UOM:39015064914081

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Democratic Constitutional Design and Public Policy by Roger D. Congleton,Birgitta Swedenborg Pdf

Papers originally presented at a conference sponsored by the Center for Business and Policy Studies--Acknowlegments.

Principles of Constitutional Design

Donald S. Lutz
Principles of Constitutional Design Book PDF

Author : Donald S. Lutz
Publisher : Cambridge University Press
Page : 251 pages
File Size : 45,6 Mb
Release : 2006-08-28
Category : Political Science
ISBN : 9781139460552

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Principles of Constitutional Design by Donald S. Lutz Pdf

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Making Constitutions

Gabriel L. Negretto
Making Constitutions Book PDF

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 297 pages
File Size : 48,8 Mb
Release : 2013-06-17
Category : Political Science
ISBN : 9781107026520

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Making Constitutions by Gabriel L. Negretto Pdf

Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Constitutional Ratification without Reason

Jeffrey A. Lenowitz
Constitutional Ratification without Reason Book PDF

Author : Jeffrey A. Lenowitz
Publisher : Oxford University Press
Page : 401 pages
File Size : 42,6 Mb
Release : 2022-03-10
Category : Law
ISBN : 9780192593481

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Constitutional Ratification without Reason by Jeffrey A. Lenowitz Pdf

This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.

A Practical Guide to Constitution Building

Winluck Wahiu,Markus Böckenförde,Nora Hedling
A Practical Guide to Constitution Building Book PDF

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 40,6 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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A Practical Guide to Constitution Building 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."--

Comparative Constitutional Design

Tom Ginsburg
Comparative Constitutional Design Book PDF

Author : Tom Ginsburg
Publisher : Unknown
Page : 406 pages
File Size : 52,6 Mb
Release : 2014-05-14
Category : LAW
ISBN : OCLC:851340485

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Comparative Constitutional Design by Tom Ginsburg Pdf

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.

Constitutional Processes and Democratic Commitment

Donald L. Horowitz
Constitutional Processes and Democratic Commitment Book PDF

Author : Donald L. Horowitz
Publisher : Yale University Press
Page : 284 pages
File Size : 54,6 Mb
Release : 2021
Category : Constitutional law
ISBN : 9780300254365

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Constitutional Processes and Democratic Commitment by Donald L. Horowitz Pdf

Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.

Behind a Veil of Ignorance?

Louis M. Imbeau,Steve Jacob
Behind a Veil of Ignorance Book PDF

Author : Louis M. Imbeau,Steve Jacob
Publisher : Springer
Page : 0 pages
File Size : 47,9 Mb
Release : 2016-10-06
Category : Political Science
ISBN : 3319367633

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Behind a Veil of Ignorance? by Louis M. Imbeau,Steve Jacob Pdf

This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.

Designs for Democratic Stability: Studies in Viable Constitutionalism

Abdo I. Baaklini,Helen Desfosses
Designs for Democratic Stability Studies in Viable Constitutionalism Book PDF

Author : Abdo I. Baaklini,Helen Desfosses
Publisher : Routledge
Page : 320 pages
File Size : 43,7 Mb
Release : 2016-06-16
Category : Political Science
ISBN : 9781315503561

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Designs for Democratic Stability: Studies in Viable Constitutionalism by Abdo I. Baaklini,Helen Desfosses Pdf

Since the 1980s and the collapse of communist, military, and race-based regimes across the world, the euphoria has given way to the question of how to enhance the viability of democratic constitutional government. This text covers this issue.

Modern Constitutions

Rogers M. Smith,Richard R. Beeman
Modern Constitutions Book PDF

Author : Rogers M. Smith,Richard R. Beeman
Publisher : Democracy, Citizenship, and Company
Page : 336 pages
File Size : 51,9 Mb
Release : 2020
Category : History
ISBN : 9780812252347

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Modern Constitutions by Rogers M. Smith,Richard R. Beeman Pdf

The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.