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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.
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.
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 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.
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."--
The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.
The Principles of Constitutional Design by Edited by T. M. Jefferson Pdf
After tribal people first began to live in cities and establish nations, many of these functioned according to unwritten customs, while some developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal whim. Such rule led some thinkers to take the position that what mattered was not the design of governmental institutions and operations, as much as the character of the rulers. This view can be seen in Plato, who called for rule by "philosopher-kings." Later writers, such as Aristotle, Cicero and Plutarch, would examine designs for government from a legal and historical standpoint. The Renaissance brought a series of political philosophers who wrote implied criticisms of the practices of monarchs and sought to identify principles of constitutional design that would be likely to yield more effective and just governance from their viewpoints. This began with revival of the Roman law of nations concept and its application to the relations among nations, and they sought to establish customary "laws of war and peace" to ameliorate wars and make them less likely. This led to considerations of what authority monarchs or other officials have and don't have, from where that authority derives, and the remedies for the abuse of such authority. A seminal juncture in this line of discourse arose in England from the Civil War, the Cromwellian Protectorate, the writings of Thomas Hobbes, Samuel Rutherford, the Levellers, John Milton, and James Harrington, leading to the debate between Robert Filmer, arguing for the divine right of monarchs, on the one side, and on the other, Henry Neville, James Tyrrell, Algernon Sidney, and John Locke. What arose from the latter was a concept of government being erected on the foundations of first, a state of nature governed by natural laws, then a state of society, established by a social contract or compact, which bring underlying natural or social laws, before governments are formally established on them as foundations. This book is designed to be a state of the art, superb academic reference work and provide an overview of the topic and give the reader a structured knowledge to familiarize yourself with the topic at the most affordable price possible. The accuracy and knowledge is of an international viewpoint as the edited articles represent the inputs of many knowledgeable individuals and some of the most current knowledge on the topic, based on the date of publication.
Constitutional Design for Divided Societies by Sujit Choudhry Pdf
How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
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.
Presidents and Assemblies by Matthew Soberg Shugart,John M. Carey Pdf
In recent years renewed attention has been directed to the importance of the role of institutional design in democratic politics. Particular interest has concerned constitutional design and the relative merits of parliamentary versus presidential systems. A virtual consensus has formed around the argument that parliamentary systems are preferable overall to presidential systems, due largely to the loss of power to the executive and assembly in presidential systems. In this book, the authors systematically assess the strengths and weaknesses of various forms of presidential systems, drawing on recent developments in the theoretical literature about institutional design and electoral rules. They develop a typology of democratic regimes that are structured around the separation of powers principle, including two hybrid forms, the premier-presidential and president-parliamentary systems, and they evaluate a number of alternative ways of balancing powers between the branches within these basic frameworks. They also demonstrate that electoral rules are critically important in determining how authority can be exercised within these systems, describing the range of electoral rules that can be instituted and the effects they have on the shape of party systems, on the political agenda, and on the prospects for cooperation between presidents and assemblies.
Constitutional Principles of Local Self-Government in Europe by Giovanni Boggero Pdf
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective.
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
