Democratic Constitution Making
Author: Vivien Hart
Publisher:
Published: 2003
Total Pages: 12
ISBN-13:
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Author: Vivien Hart
Publisher:
Published: 2003
Total Pages: 12
ISBN-13:
DOWNLOAD EBOOKAuthor: Axel Hadenius
Publisher: Cambridge University Press
Published: 1997-08-28
Total Pages: 298
ISBN-13: 9780521573115
DOWNLOAD EBOOKLeading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Author: Vernon Alfred O'Rourke
Publisher:
Published: 1968
Total Pages: 312
ISBN-13:
DOWNLOAD EBOOKAuthor: Tom Ginsburg
Publisher: University of Chicago Press
Published: 2018-10-05
Total Pages: 306
ISBN-13: 022656438X
DOWNLOAD EBOOKDemocracies 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.
Author: Donald L. Horowitz
Publisher: Yale University Press
Published: 2021-01-01
Total Pages: 284
ISBN-13: 0300254369
DOWNLOAD EBOOKFrom one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Author: Walter F. Murphy
Publisher: JHU Press
Published: 2007
Total Pages: 588
ISBN-13: 9780801884702
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Author: Donald L. Horowitz
Publisher: Cambridge University Press
Published: 2013-03-25
Total Pages: 345
ISBN-13: 1107027276
DOWNLOAD EBOOKHow did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author: J nos Kis
Publisher: Central European University Press
Published: 2003-01-01
Total Pages: 344
ISBN-13: 9789639241329
DOWNLOAD EBOOKJanos 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.
Author: Allan C. Hutchinson
Publisher: University of Toronto Press
Published: 2021
Total Pages: 220
ISBN-13: 1487507933
DOWNLOAD EBOOKBold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author: Madhav Khosla
Publisher:
Published: 2020
Total Pages: 241
ISBN-13: 0674980875
DOWNLOAD EBOOK"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--