Constitutional Democracy Under Stress

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Release : 2022-12-31
Genre : Social Science
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Book Rating : 811/5 ( reviews)

Constitutional Democracy Under Stress - 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 Constitutional Democracy Under Stress write by Peter L Biro. This book was released on 2022-12-31. Constitutional Democracy Under Stress available in PDF, EPUB and Kindle. Constitutional democracy is not just any old form of democracy. It has a peculiar logic and is premised upon some exacting criteria and principles including good laws and institutions predicated on specific fundamental core values and principles. But it is, when fully ingrained in the public sensibility, a sort of civic serum necessary to inoculate free citizens against the ravages of anti-democratic populism, authoritarianism, racism, nativism, discrimination, xenophobia, corruption, self-dealing, and much worse. The need for civic inoculation of that sort is urgent today, globally. The essays in this volume probe the sources and malaise now confronting Constitutional Democracy. However, they go muchfurther. Many of the essays are, indeed, road-maps for a realistic and cultivated response to our present condition. The clues for a rehabilitated democracy are found here analytically but also prescriptively.

Constitutionalism under Stress

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Release : 2020-09-10
Genre : Law
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Book Rating : 708/5 ( reviews)

Constitutionalism under Stress - 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 Constitutionalism under Stress write by Uladzislau Belavusau. This book was released on 2020-09-10. Constitutionalism under Stress available in PDF, EPUB and Kindle. Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.

The Limits of Constitutional Democracy

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Release : 2010-10-18
Genre : Law
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Book Rating : 794/5 ( reviews)

The Limits of Constitutional Democracy - 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 The Limits of Constitutional Democracy write by Jeffrey K. Tulis. This book was released on 2010-10-18. The Limits of Constitutional Democracy available in PDF, EPUB and Kindle. 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.

Constitutional Democracy in Crisis?

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Release : 2018-08-23
Genre : Law
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Book Rating : 004/5 ( reviews)

Constitutional Democracy in Crisis? - 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 Constitutional Democracy in Crisis? write by Mark A. Graber. This book was released on 2018-08-23. Constitutional Democracy in Crisis? available in PDF, EPUB and Kindle. 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."

How to Save a Constitutional Democracy

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Release : 2018-10-05
Genre : Law
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Book Rating : 41X/5 ( reviews)

How to Save a Constitutional Democracy - 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 How to Save a Constitutional Democracy write by Tom Ginsburg. This book was released on 2018-10-05. How to Save a Constitutional Democracy available in PDF, EPUB and Kindle. We can’t afford to be complacent any more: “A formidable book . . . extremely rich in historical examples, case studies, and quantitative data.” —International Journal of Constitutional Law Democracies are in danger. Around the world, a wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump marks a 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? Many think the Constitution will safeguard us from lasting damage. But is that assumption justified? Drawing on an array of other countries’ experiences, 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, they contend, is that the US 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 to 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, and the authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk. “This book makes a huge contribution to our understanding of how democracies erode and what institutional reforms would make it harder for authoritarian populists to entrench their power.” —Yascha Mounk, author of The People vs. Democracy “Whereas other recent books on the crisis of American democracy focus on what has gone wrong, Ginsburg and Huq provide us with clear-eyed proposals—including some bold constitutional reforms—for how to fix it.” —Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die