Redrafting Constitutions in Democratic Regimes

Redrafting Constitutions in Democratic Regimes

Author: Gabriel L. Negretto

Publisher: Cambridge University Press

Published: 2020-09-17

Total Pages: 265

ISBN-13: 1108839843

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This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.


Democracy's Victory and Crisis

Democracy's Victory and Crisis

Author: Axel Hadenius

Publisher: Cambridge University Press

Published: 1997-08-28

Total Pages: 298

ISBN-13: 9780521573115

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Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.


Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2014

Total Pages: 283

ISBN-13: 1107047668

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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.


Making a 21st Century Constitution

Making a 21st Century Constitution

Author: Frank Vibert

Publisher: Edward Elgar Publishing

Published: 2018-06-29

Total Pages: 458

ISBN-13: 1788118057

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Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.


The Veil of Participation

The Veil of Participation

Author: Alexander Hudson

Publisher: Cambridge University Press

Published: 2021-05-06

Total Pages: 241

ISBN-13: 110888198X

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Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.


Constituent Assemblies

Constituent Assemblies

Author: Jon Elster

Publisher: Cambridge University Press

Published: 2018-06-21

Total Pages: 267

ISBN-13: 1108427529

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Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.


Abusive Constitutional Borrowing

Abusive Constitutional Borrowing

Author: Rosalind Dixon

Publisher: Oxford University Press

Published: 2021

Total Pages: 241

ISBN-13: 0192893769

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Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.


A Practical Guide to Constitution Building

A Practical Guide to Constitution Building

Author: Winluck Wahiu

Publisher:

Published: 2011

Total Pages:

ISBN-13:

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"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--


Negotiating the Power of the People

Negotiating the Power of the People

Author: Lucia Rubinelli

Publisher: Cambridge University Press

Published: 2020-05-21

Total Pages: 279

ISBN-13: 110848543X

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Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.


Democratic Decline in Hungary

Democratic Decline in Hungary

Author: András L. Pap

Publisher: Routledge

Published: 2017-08-03

Total Pages: 197

ISBN-13: 1351684671

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This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.