Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
An array of local and national governments around the world have applied crowdsourcing as a participatory method to engage citizens in political processes. Citizens are invited to share their ideas, perspectives and opinions about matters that traditionally were beyond their access and influence. This book is an introduction to crowdsourcing in policy-making. By introducing case studies from several countries, the book demonstrates how crowdsourcing has been used in participatory budgeting in Canada, federal strategies in the United States, and constitution reform in Iceland. By drawing on these cases, the book analyzes the role of crowdsourcing in democracy. Furthermore, the book summarizes the best practices for crowdsourcing and outlines the benefits and challenges of open processes. The book is based on a report for the Committee of the Future in the Parliament of Finland, delivered by the author in the Spring of 2012. The author, Tanja Aitamurto, is a visiting researcher Program at Stanford University. Due to the at the Liberation Technology author's academic orientation, this book has an academic touch to it, yet it is also meant to serve as a handbook for crowdsourcing in policy-making. The book is structured as follows. In Chapter 2, we'll get an overview of crowdsourcing in several fields, thus giving context to the rise of participatory culture. This chapter addresses often posed questions about crowdsourcing and related phenomena like microwork and crowdfunding. Chapter 3 introduces an array of cases, in which crowdsourcing has been used in policy-making. Chapter 4 analyses the role of crowdsourcing in democratic processes, crowdsourcing as a part of Open Government practices, and the impact of crowdsourcing on democracy. Chapter 5 outlines the factors for successful crowdsourcing. Chapter 6 discusses the challenges of crowdsourcing. Chapter 7 gives policy recommendations for enhancing transparency, accountability and citizen participation in the Finnish governance. Chapter 8 concludes the book by encouraging actors in society to experiment with new tools for openness, transparency and accountability.
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.
What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over the state of American politics, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. Readers are invited to join the Founders in candlelit taverns where, over glasses of wine, they debated fundamental issues; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, enact an alternate account through startling and revealing conversations; and to attend a Constitutional Convention taking place in the present day. These possibilities come to life in the book's prose, with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.
Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald
An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world. Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text’s design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life. In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.
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.
From 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.
