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.

How to Save a Constitutional Democracy

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Release : 2018-10-05
Genre : Law
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Book Rating : 38X/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. 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 Limits of Constitutional Democracy

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Author :
Release : 2010
Genre : Political Science
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Book Rating : 345/5 ( 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 Tulis. This book was released on 2010. 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

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Release : 2003-01-01
Genre : Political Science
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Book Rating : 329/5 ( reviews)

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 J nos Kis. This book was released on 2003-01-01. Constitutional Democracy available in PDF, EPUB and Kindle. 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.

The Supreme Court and Constitutional Democracy

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Release : 1984
Genre : Law
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Book Rating : 778/5 ( reviews)

The Supreme Court and 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 Supreme Court and Constitutional Democracy write by John Agresto. This book was released on 1984. The Supreme Court and Constitutional Democracy available in PDF, EPUB and Kindle. Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.