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.
This book aims to present a comprehensive theory of militant democracy and to answer questions such as: How can a democracy protect itself against its own downfall? And when is intervention against antidemocrats justified? Against the backdrop of historical and current examples, this book examines a variety of theories from philosophers and legal scholars such as Karl Loewenstein, Karl Popper and Carl Schmitt as well as contemporary alternatives. It compares their interpretations of democracy and militant democracy, discusses how helpful these references are, and introduces two largely forgotten theorists to the militant democracy debate: George van den Bergh and Milan Markovitch. Militant Democracy then sets out to build a novel theory of democratic self-defence on the basis of democracy’s capacity for self-correction. In doing so, it addresses the more classic and current criticisms of the concept, while paying specific attention to the position of the judge, the legal design and effectiveness of party bans, and the national and supranational procedural safeguards that can safeguard the careful application of militant democracy instruments. Militant Democracy seamlessly combines political philosophy, political science and constitutional law to offer a new perspective on democratic self-defence. This book is essential reading for scholars and students of political theory, jurisprudence, democracy, extremism and the history of ideas.
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Over the last several decades, many political theorists have touted the banner of “radical democracy” to view the agonistic—that is, non-coercive—struggle against power as the correct way forward for progressive political actors, rather than the antagonistic acquisition or use of it. The belief that such engagements respect the political equality of all and are thus more democratic lies at the heart of this trend; and yet, recent developments have shown that events with such agonistic beginnings, such as Occupy, the Arab Spring, and Hong Kong’s Umbrella Movement have the clear potential of ending antagonistically. Comparing four historical cases of popular uprising that fluctuated between agonistic and antagonistic moments, this book establishes the circumstances under which such agonistic engagements with power can both take off and persist. Revealing the many limitations that agonistic politics is shown to face, Radical Democracy and its Limits makes a needed intervention into contemporary democratic theory and argues that radical democracy should not be held up as a model for those pursuing a more egalitarian future.
The hottest political issue in America, term limits, embodies voter fury at incumbent officeholders and the failures of Congress. But now, in this controversial new book, Victor Kamber argues that term limits themselves are a disastrous quick fix and must be stopped.
Argues that immigration politics is a central - but overlooked - object of inquiry in the democratic thought of classical Athens. Thinkers criticized democracy's strategic investments in nativism, the shifting boundaries of citizenship, and the precarious membership that a blood-based order effects for those eligible and ineligible to claim it.
The Frontiers of Democracy offers a comprehensive examination of restrictions on the vote in democracies today. For the first time, the reasons for excluding people (prisoners, children, intellectually disabled, non-citizens) from the suffrage in contemporary societies is critically examined from the point of view of democratic theory.
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.