The Limits Of Constitutional Democracy

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The Limits of Constitutional Democracy

Jeffrey K. Tulis,Stephen Macedo
The Limits of Constitutional Democracy Book PDF

Author : Jeffrey K. Tulis,Stephen Macedo
Publisher : Princeton University Press
Page : 360 pages
File Size : 52,9 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.

The Limits of Constitutional Democracy

Jeffrey Tulis
The Limits of Constitutional Democracy Book PDF

Author : Jeffrey Tulis
Publisher : Unknown
Page : 353 pages
File Size : 51,6 Mb
Release : 2010
Category : Political Science
ISBN : 0691147345

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The Limits of Constitutional Democracy by Jeffrey Tulis 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.

How to Save a Constitutional Democracy

Tom Ginsburg,Aziz Z. Huq
How to Save a Constitutional Democracy Book PDF

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 43,7 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.

The Constitution of Equality

Thomas Christiano
The Constitution of Equality Book PDF

Author : Thomas Christiano
Publisher : OUP Oxford
Page : 320 pages
File Size : 42,8 Mb
Release : 2010-06-10
Category : Political Science
ISBN : 9780191613913

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The Constitution of Equality by Thomas Christiano Pdf

What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

The Supreme Court and Constitutional Democracy

John Agresto
The Supreme Court and Constitutional Democracy Book PDF

Author : John Agresto
Publisher : Cornell University Press
Page : 184 pages
File Size : 51,8 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.

Constitutional Democracy

J nos Kis
Constitutional Democracy Book PDF

Author : J nos Kis
Publisher : Central European University Press
Page : 344 pages
File Size : 41,7 Mb
Release : 2003-01-01
Category : Political Science
ISBN : 9639241326

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Constitutional Democracy by J nos Kis Pdf

Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Constitutionalism and Democracy

Jon Elster,Rune Slagstad
Constitutionalism and Democracy Book PDF

Author : Jon Elster,Rune Slagstad
Publisher : Cambridge University Press
Page : 372 pages
File Size : 44,5 Mb
Release : 1988
Category : Philosophy
ISBN : 0521457211

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Constitutionalism and Democracy by Jon Elster,Rune Slagstad Pdf

The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

Constitutional Democracy

Walter F. Murphy
Constitutional Democracy Book PDF

Author : Walter F. Murphy
Publisher : JHU Press
Page : 588 pages
File Size : 52,9 Mb
Release : 2007
Category : Law
ISBN : 0801884705

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Constitutional Democracy by Walter F. Murphy Pdf

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Constitutional Democracy in Crisis?

Mark A. Graber,Sanford Levinson,Mark Tushnet
Constitutional Democracy in Crisis Book PDF

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 40,5 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

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Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

The Legal Limits of Direct Democracy

Moeckli, Daniel,Forgács, Anna,Ibi, Henri
The Legal Limits of Direct Democracy Book PDF

Author : Moeckli, Daniel,Forgács, Anna,Ibi, Henri
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 55,5 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781800372801

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The Legal Limits of Direct Democracy by Moeckli, Daniel,Forgács, Anna,Ibi, Henri Pdf

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.

On the Limits of Constitutional Adjudication

Juliano Zaiden Benvindo
On the Limits of Constitutional Adjudication Book PDF

Author : Juliano Zaiden Benvindo
Publisher : Springer Science & Business Media
Page : 421 pages
File Size : 55,7 Mb
Release : 2010-07-23
Category : Philosophy
ISBN : 9783642114342

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On the Limits of Constitutional Adjudication by Juliano Zaiden Benvindo Pdf

Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.

Constitutional Culture and Democratic Rule

John A. Ferejohn,Jack N. Rakove,Jonathan Riley
Constitutional Culture and Democratic Rule Book PDF

Author : John A. Ferejohn,Jack N. Rakove,Jonathan Riley
Publisher : Cambridge University Press
Page : 430 pages
File Size : 43,7 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.

Limits to Democratic Constitutionalism in Central and Eastern Europe

Bogusia Puchalska
Limits to Democratic Constitutionalism in Central and Eastern Europe Book PDF

Author : Bogusia Puchalska
Publisher : Routledge
Page : 184 pages
File Size : 42,9 Mb
Release : 2016-05-06
Category : Political Science
ISBN : 9781317104988

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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.

The Limits of Constitutional Democracy

Jeffrey K. Tulis
The Limits of Constitutional Democracy Book PDF

Author : Jeffrey K. Tulis
Publisher : Princeton University Press
Page : 353 pages
File Size : 55,8 Mb
Release : 2010-11-14
Category : Law
ISBN : 0691147361

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The Limits of Constitutional Democracy by Jeffrey K. Tulis 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.

Designing Democracy

Cass R. Sunstein
Designing Democracy Book PDF

Author : Cass R. Sunstein
Publisher : Oxford University Press
Page : 296 pages
File Size : 45,8 Mb
Release : 2001-09-27
Category : Law
ISBN : 0195349245

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Designing Democracy by Cass R. Sunstein Pdf

"In modern nations, political disagreement is the source of both the gravest danger and the greatest security," writes Cass Sunstein. All democracies face intense political conflict. But is this conflict necessarily something to fear? In this provocative book, one of our leading political and legal theorists reveals how a nation's divisions of conviction and belief can be used to safeguard democracy. Confronting one explosive political issue after another, from presidential impeachment to the limits of religious liberty, from discrimination against women and gays to the role of the judiciary, Sunstein constructs a powerful new perspective from which to show how democracies negotiate their most divisive real-world problems. He focuses on a series of concrete concerns that go to the heart of the relationship between the idea of democracy and the idea of constitutionalism. Illustrating his discussion with examples from constitutional debates and court-cases in South Africa, Eastern Europe, Israel, America, and elsewhere, Sunstein takes readers through a number of highly charged questions: When should government be permitted to control discriminatory behavior by or within religious organizations? Does it make sense to govern on the basis of popular referenda? Can the right to have an abortion be defended? Can we defend Internet regulation? Should the law step in if children are being schooled in discriminatory preferences and beliefs? Should a constitution protect rights to food, shelter, and health care? Disputes over questions such as these can be fierce enough to pose a grave threat. But in a paradox whose elaboration forms the core of Sunstein's book, it is a nation's apparently threatening diversity of opinion that can ensure its integrity. Extending his important recent work on the way deliberation within like-minded groups can produce extremism, Sunstein breaks new ground in identifying the mechanisms behind political conflict in democratic nations. At the same time, he develops a profound understanding of a constitutional democracy's system of checks and balances. Sunstein shows how a good constitution, fostering a "republic of reasons," enables people of opposing ethical and religious commitments to reach agreement where agreement is necessary, while making it unnecessary to reach agreement when agreement is impossible. A marvel of lucid, subtle reasoning, DESIGNING DEMOCRACY makes invaluable reading for anyone concerned with the promises and pitfalls of the democratic experiment.