Democratic Consolidation and Constitutional Endurance in Asia and Africa
Democratic Consolidation and Constitutional Endurance in Asia and Africa

Author: Tom Gerald Daly

Publisher: Oxford University Press

Published: 2024-01-23

Total Pages: 401

ISBN-13: 0192899368

DOWNLOAD EBOOK

What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? Democratic Consolidation and Constitutional Endurance in Asia and Africa is a well-articulated response to the growing scholarly conversation on democratic backsliding and resilience. Bringing together leading and emerging voices in constitutional law, this groundbreaking new collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Across seven thematic chapters and seven case studies, the volume provides analytical insight into central topics arising from these events, including the role of political parties which depart from 'Western' frameworks; the often-marginalised place of courts; the centrality of civil-military relations; the explanatory power of constitutional culture; and the impact of the COVID-19 pandemic. Offering a decolonising approach to constitutional law and democratisation studies, this book will be of keen interest to scholars, practitioners, and policymakers alike. It is essential reading for anyone seeking to understand the relationship between democratic decay and institutional endurance, and how such a relationship plays out in conditions of ongoing constitutional development.

Constitutions and Democratic Consolidation
Constitutions and Democratic Consolidation

Author: Thomas C. Bruneau

Publisher:

Published: 1989

Total Pages: 54

ISBN-13:

DOWNLOAD EBOOK

The Report analyzes the Brazilian experience in formulating a new constitution in 1987- 1988 in comparative perspective with Portugal and Spain. It is demonstrated how the political actors in Brazil participated in the Constituent Assembly in order to ensure their interests in the basic document. Due to the political dynamics of the period and the severe economic crisis, the Assembly was extremely open, or porous, and the resulting document is long (315 articles), detailed, and extremely ambitious. There is some question, however, whether the political structures and economic resources will allow for a substantial implementation of the Constitution. (fr).

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering
Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering

Author: Jan Zielonka

Publisher: Oxford University Press

Published: 2001

Total Pages: 506

ISBN-13: 0199241678

DOWNLOAD EBOOK

This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

How to Save a Constitutional Democracy
How to Save a Constitutional Democracy

Author: Tom Ginsburg

Publisher: University of Chicago Press

Published: 2018-10-05

Total Pages: 306

ISBN-13: 022656438X

DOWNLOAD EBOOK

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.

Limits to Democratic Constitutionalism in Central and Eastern Europe
Limits to Democratic Constitutionalism in Central and Eastern Europe

Author: Bogusia Puchalska

Publisher: Routledge

Published: 2016-05-06

Total Pages: 295

ISBN-13: 1317104978

DOWNLOAD EBOOK

In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Issues in Democratic Consolidation
Issues in Democratic Consolidation

Author: Scott Mainwaring

Publisher: University of Notre Dame Press

Published: 1992

Total Pages: 372

ISBN-13:

DOWNLOAD EBOOK

Since 1974 there has been an unprecedented wave of democratization in the world. This trend has been particularly extensive in South America. But the problems confronting these new democracies are staggering, and the prospects for building consolidated democratic regimes are far from uniformly good. Focusing primarily on recent South American cases, Issues in Democratic Consolidation examines some of the difficulties of constructing consolidated democracies and provides a critical examination of the major issues involved. A prominent theme running through this collection is that the transitions from authoritative rule to civilian government may be arrested by political, economic, and social constraints. The articles contain analyses of the varied modalities and complex processes related to the transitions. The first transition begins with the initial stirrings of crisis under authoritarian rule that generate some form of political opening and greater respect for basic civil rights, and ends with the establishment of a government elected in an open, competitive contest. The volume's primary focus, however, is on the second transition, which begins with the inauguration of a democratic government and ends-if all goes well-with the establishment of a consolidated democratic regime.

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering
Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering

Author: Jan Zielonka

Publisher: OUP Oxford

Published: 2001-06-14

Total Pages: 506

ISBN-13: 9780199241675

DOWNLOAD EBOOK

This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

Democratic Transition and Consolidation in Southern Europe, Latin America and Southeast Asia
Democratic Transition and Consolidation in Southern Europe, Latin America and Southeast Asia

Author: Diane Ethier

Publisher: Palgrave Macmillan

Published: 1990-10-10

Total Pages: 302

ISBN-13:

DOWNLOAD EBOOK

The breakdown of authoritarian regimes in Greece, Spain and Portugal in the mid-70s was the beginning of a new cycle of democratization at the world scale. The 1980s have seen the emergence of formal, constitutional democracies in many countries, especially in Latin America and Southeast Asia. This book analyses in a comparative perspective the causes, the modalities and the prospects of these political changes in three regions: Southern Europe, Latin America and Southeast Asia.

Designs for Democratic Stability
Designs for Democratic Stability

Author: Abdo I. Baaklini

Publisher: Routledge

Published: 2016-06-16

Total Pages: 332

ISBN-13: 1315503557

DOWNLOAD EBOOK

Since the 1980s and the collapse of communist, military, and race-based regimes across the world, the euphoria has given way to the question of how to enhance the viability of democratic constitutional government. This text covers this issue.