Democratizing the Constitution - 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 Democratizing the Constitution write by Peter Aucoin. This book was released on 2011-01-01. Democratizing the Constitution available in PDF, EPUB and Kindle. This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.
Democratizing Constitutional Law
Democratizing Constitutional Law - 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 Democratizing Constitutional Law write by Thomas Bustamante. This book was released on 2016-04-19. Democratizing Constitutional Law available in PDF, EPUB and Kindle. This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Constitutional Democracy
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 Constitutional Democracy write by Walter F. Murphy. This book was released on 2007. Constitutional Democracy available in PDF, EPUB and Kindle. Publisher Description
How to Save a Constitutional Democracy
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
The Democratic Constitution
The Democratic Constitution - 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 Democratic Constitution write by Neal Devins. This book was released on 2015. The Democratic Constitution available in PDF, EPUB and Kindle. Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
