Constitutionalism and a Right to Effective Government?

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Release : 2022-10-27
Genre : Law
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Book Rating : 105/5 ( reviews)

Constitutionalism and a Right to Effective Government? - 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 and a Right to Effective Government? write by Vicki C. Jackson. This book was released on 2022-10-27. Constitutionalism and a Right to Effective Government? available in PDF, EPUB and Kindle. Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Constitutionalism and Democracy

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Release : 1988
Genre : Philosophy
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Book Rating : 217/5 ( reviews)

Constitutionalism and 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 Constitutionalism and Democracy write by Jon Elster. This book was released on 1988. Constitutionalism and Democracy available in PDF, EPUB and Kindle. 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.

Political Constitutionalism

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Release : 2007-09-13
Genre : Political Science
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Book Rating : 913/5 ( reviews)

Political Constitutionalism - 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 Political Constitutionalism write by Richard Bellamy. This book was released on 2007-09-13. Political Constitutionalism available in PDF, EPUB and Kindle. Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

The Constitution of Freedom

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Release : 2017-11-04
Genre : Law
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Book Rating : 035/5 ( reviews)

The Constitution of Freedom - 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 Constitution of Freedom write by András Sajó. This book was released on 2017-11-04. The Constitution of Freedom available in PDF, EPUB and Kindle. Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Constitutional Self-Government

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Release : 2009-06-30
Genre : Law
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Book Rating : 465/5 ( reviews)

Constitutional Self-Government - 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 Self-Government write by Christopher L. EISGRUBER. This book was released on 2009-06-30. Constitutional Self-Government available in PDF, EPUB and Kindle. The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.