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Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2014
Total Pages: 283
ISBN-13: 1107047668
DOWNLOAD EBOOKThis volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2013-12-30
Total Pages: 283
ISBN-13: 1107729785
DOWNLOAD EBOOKConstitutions in authoritarian regimes are often denigrated as meaningless exercises in political theater. Yet the burgeoning literature on authoritarian regimes more broadly has produced a wealth of insights into particular institutions such as legislatures, courts and elections; into regime practices such as co-optation and repression; and into non-democratic sources of accountability. In this vein, this volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government. The chapters utilize a wide range of methods and focus on a broad set of cases, representing many different types of authoritarian regimes. The book offers an exploration into the constitutions of authoritarian regimes, generating broader insights into the study of constitutions and their functions more generally.
Author: Helena Alviar García
Publisher: Edward Elgar Publishing
Published: 2019
Total Pages: 399
ISBN-13: 1788117859
DOWNLOAD EBOOKThe contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Published: 2011-01-01
Total Pages: 681
ISBN-13: 0857931210
DOWNLOAD EBOOKThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Rogers M. Smith
Publisher: Democracy, Citizenship, and Company
Published: 2020
Total Pages: 336
ISBN-13: 0812252349
DOWNLOAD EBOOKThe world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.
Author: Michael Albertus
Publisher: Cambridge University Press
Published: 2018-01-25
Total Pages: 326
ISBN-13: 110819642X
DOWNLOAD EBOOKThis book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Published: 2020-11-27
Total Pages: 336
ISBN-13: 1800372728
DOWNLOAD EBOOKIn this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies.
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2008-05-08
Total Pages: 392
ISBN-13: 9780521720410
DOWNLOAD EBOOKScholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.
Author: Weitseng Chen
Publisher: Cambridge University Press
Published: 2020-07-16
Total Pages: 409
ISBN-13: 1108496687
DOWNLOAD EBOOKProvides an intra-Asia comparative perspective of authoritarian legality, with a focus on formation, development, transition and post-transition stages.
Author: Nathan J. Brown
Publisher: State University of New York Press
Published: 2012-02-01
Total Pages: 263
ISBN-13: 079148968X
DOWNLOAD EBOOKThe collapse of authoritarian regimes and the global resurgence of liberal democracy has led to a renewed interest in constitutions and constitutionalism among scholars and political activists alike. This book uses the Arab experience to explain the appeal of constitutional documents to authoritarian regimes and assesses the degree to which such constitutions can be used in the effort to make the regimes more accountable.
