Borrowing Constitutional Designs - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Borrowing Constitutional Designs write by Cindy Skach. This book was released on 2011-02-11. Borrowing Constitutional Designs available in PDF, EPUB and Kindle. 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.
Abusive Constitutional Borrowing
Abusive Constitutional Borrowing - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Abusive Constitutional Borrowing write by Rosalind Dixon. This book was released on 2021. Abusive Constitutional Borrowing available in PDF, EPUB and Kindle. Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Comparative Constitutional Design
Comparative Constitutional Design - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Constitutional Design write by Tom Ginsburg. This book was released on 2012-02-27. Comparative Constitutional Design available in PDF, EPUB and Kindle. Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Principles of Constitutional Design
Principles of Constitutional Design - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Principles of Constitutional Design write by Donald S. Lutz. This book was released on 2008-05-29. Principles of Constitutional Design available in PDF, EPUB and Kindle. 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.
Comparative Constitutional Design
Comparative Constitutional Design - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparative Constitutional Design write by Tom Ginsburg. This book was released on 2012. Comparative Constitutional Design available in PDF, EPUB and Kindle. Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
