Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis?

Author: Mark A. Graber

Publisher: Oxford University Press

Published: 2018-08-23

Total Pages: 352

ISBN-13: 0190889004

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Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."


South Africa's Crisis of Constitutional Democracy

South Africa's Crisis of Constitutional Democracy

Author: Robert A. Licht

Publisher: American Enterprise Institute

Published: 1994

Total Pages: 284

ISBN-13: 9780844738345

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This book is designed to help bring about the desired transition to liberal democracy in South Africa, particularly as the deliberations about a permanent constitution get under way.


After Apartheid

After Apartheid

Author: Ian Shapiro

Publisher: University of Virginia Press

Published: 2011-06-21

Total Pages: 385

ISBN-13: 0813931010

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Democracy came to South Africa in April 1994, when the African National Congress won a landslide victory in the first free national election in the country’s history. That definitive and peaceful transition from apartheid is often cited as a model for others to follow. The new order has since survived several transitions of ANC leadership, and it averted a potentially destabilizing constitutional crisis in 2008. Yet enormous challenges remain. Poverty and inequality are among the highest in the world. Staggering unemployment has fueled xenophobia, resulting in deadly aggression directed at refugees and migrant workers from Zimbabwe and Mozambique. Violent crime rates, particularly murder and rape, remain grotesquely high. The HIV/AIDS pandemic was shockingly mishandled at the highest levels of government, and infection rates continue to be overwhelming. Despite the country’s uplifting success of hosting Africa’s first World Cup in 2010, inefficiency and corruption remain rife, infrastructure and basic services are often semifunctional, and political opposition and a free media are under pressure. In this volume, major scholars chronicle South Africa’s achievements and challenges since the transition. The contributions, all previously unpublished, represent the state of the art in the study of South African politics, economics, law, and social policy.


Freedom in the World 2018

Freedom in the World 2018

Author: Freedom House

Publisher: Rowman & Littlefield

Published: 2019-01-31

Total Pages: 1265

ISBN-13: 1538112035

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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.


Democracy in Africa

Democracy in Africa

Author: Nic Cheeseman

Publisher: Cambridge University Press

Published: 2015-05-12

Total Pages: 269

ISBN-13: 1316239489

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This book provides the first comprehensive overview of the history of democracy in Africa and explains why the continent's democratic experiments have so often failed, as well as how they could succeed. Nic Cheeseman grapples with some of the most important questions facing Africa and democracy today, including whether international actors should try and promote democracy abroad, how to design political systems that manage ethnic diversity, and why democratic governments often make bad policy decisions. Beginning in the colonial period with the introduction of multi-party elections and ending in 2013 with the collapse of democracy in Mali and South Sudan, the book describes the rise of authoritarian states in the 1970s; the attempts of trade unions and some religious groups to check the abuse of power in the 1980s; the remarkable return of multiparty politics in the 1990s; and finally, the tragic tendency for elections to exacerbate corruption and violence.


Comparative Constitutional Law

Comparative Constitutional Law

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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This 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.


South Africa, Settler Colonialism and the Failures of Liberal Democracy

South Africa, Settler Colonialism and the Failures of Liberal Democracy

Author: Doctor Thiven Reddy

Publisher: Zed Books Ltd.

Published: 2015-12-15

Total Pages: 305

ISBN-13: 1783602260

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In South Africa, two unmistakable features describe post-Apartheid politics. The first is the formal framework of liberal democracy, including regular elections, multiple political parties and a range of progressive social rights. The second is the politics of the ‘extraordinary’, which includes a political discourse that relies on threats and the use of violence, the crude re-racialization of numerous conflicts, and protests over various popular grievances. In this highly original work, Thiven Reddy shows how conventional approaches to understanding democratization have failed to capture the complexities of South Africa’s post-Apartheid transition. Rather, as a product of imperial expansion, the South African state, capitalism and citizen identities have been uniquely shaped by a particular mode of domination, namely settler colonialism. South Africa, Settler Colonialism and the Failures of Liberal Democracy is an important work that sheds light on the nature of modernity, democracy and the complex politics of contemporary South Africa.


Corruption and Constitutionalism in Africa

Corruption and Constitutionalism in Africa

Author: Charles Manga Fombad

Publisher:

Published: 2020

Total Pages: 561

ISBN-13: 0198855591

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The Stellenbosch Handbooks in African Constitutional Law series engages with contemporary issues of constitutionalism in Africa. The first experiments in democratic and constitutional governance in Africa that started after independence were soon overtaken by dictatorships, and arbitrary and repressive rule. The pulling down of the Berlin Wall followed by the collapse of the Soviet Union unleashed new forces of democratization and new hopes for the establishment and entrenchment of constitutional governance and constitutionalism in Africa. This series is designed to identify, analyse, and promote serious discussion of the critical issues that can shape, refine, and deepen the consolidation of constitutionalism in Africa. Although comparative constitutional law has become a major field of legal scholarship, most of the extensive research that has been carried out has focused on long-established democracies. The only African country that has attracted sustained research interest from a comparative law perspective is South Africa. The few books that present perspectives on African comparative constitutional law focus narrowly and exclusively on developments in either Anglophone, Francophone, or Arabophone Africa without cutting across these divides. Yet, since 1990, Africa has been at the centre of profound and far-reaching constitutional developments. Little comparative research has been carried out to understand the nature of these constitutional changes, to review their impact on the ethos of constitutionalism on the continent, and to explore prospects for the future. The series aims to stimulate interest in comparative constitutional research and the different constitutional traditions operating in Africa by presenting a comprehensive analysis of the latest thinking, research, and practice. In this way, the series intends to fill the huge gap in the existing literature on comparative African constitutional law as well as point out to directions for future research. Book jacket.


Democracy Compromised

Democracy Compromised

Author: Lungisile Ntsebeza

Publisher: BRILL

Published: 2005-06-01

Total Pages: 336

ISBN-13: 9047407903

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This book argues that the promulgation of the Traditional Leadership and Governance Framework and Communal Land Rights Acts runs the risk of compromising South Africa's democracy. The acts establish traditional councils with land administration powers. These structures are dominated by unelected members.