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Author : Zachary Elkins,Tom Ginsburg,James Melton
Publisher : Cambridge University Press
Page : 271 pages
File Size : 44,6 Mb
Release : 2009-10-19
Category : Law
ISBN : 9780521515504
Based on original historical data, this book shows that key changes in design can extend constitutional life.
Author : Zachary Elkins,Tom Ginsburg,James Melton
Publisher : Cambridge University Press
Page : 271 pages
File Size : 44,7 Mb
Release : 2009-10-12
Category : Law
ISBN : 9781139479745
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
Author : L.Wolf- Phillips
Publisher : Springer
Page : 80 pages
File Size : 52,5 Mb
Release : 1972-06-18
Category : Political Science
ISBN : 9781349015290
Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 53,8 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564388
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,Alberto Simpser
Publisher : Cambridge University Press
Page : 283 pages
File Size : 46,6 Mb
Release : 2014
Category : Law
ISBN : 9781107047662
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author : Tom Ginsburg,Aziz Huq
Publisher : Cambridge University Press
Page : 447 pages
File Size : 51,9 Mb
Release : 2016-08-30
Category : Law
ISBN : 9781107154797
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 55,6 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107020566
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author : Jack M. Balkin
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 53,9 Mb
Release : 2020
Category : Law
ISBN : 9780197530993
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Author : Tom Ginsburg,Sumit Bisarya
Publisher : Cambridge University Press
Page : 291 pages
File Size : 44,6 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781108830324
This edited volume examines constitution-making from the perspective of those directly engaged in the process in different countries around the world.
Author : Tom Ginsburg,Aziz Z. Huq
Publisher : Cambridge University Press
Page : 325 pages
File Size : 49,9 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108487733
Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 49,7 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877
"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 322 pages
File Size : 51,9 Mb
Release : 2003-07-23
Category : Law
ISBN : 0521520398
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 44,8 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624
"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."--
Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 128 pages
File Size : 53,7 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107379701
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.
Author : Gregory Shaffer,Tom Ginsburg,Terence C. Halliday
Publisher : Cambridge University Press
Page : 335 pages
File Size : 47,6 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108473101
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
