Constitutional Acceleration Within The European Union And Beyond

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Constitutional Acceleration within the European Union and Beyond

Author : Paul Blokker
Publisher : Routledge
ISBN 13 : 1315453630
Total Pages : 240 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Constitutional Acceleration within the European Union and Beyond by : Paul Blokker

Download or read book Constitutional Acceleration within the European Union and Beyond written by Paul Blokker and published by Routledge. This book was released on 2017-10-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

European Constitutionalism Beyond the State

Author : J. H. H. Weiler
Publisher : Cambridge University Press
ISBN 13 : 9780521796712
Total Pages : 256 pages
Book Rating : 4.7/5 (967 download)

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Book Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler

Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.

Constitutional Pluralism in the European Union and Beyond

Author : Matej Avbelj
Publisher :
ISBN 13 : 9781472561121
Total Pages : 424 pages
Book Rating : 4.5/5 (611 download)

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Book Synopsis Constitutional Pluralism in the European Union and Beyond by : Matej Avbelj

Download or read book Constitutional Pluralism in the European Union and Beyond written by Matej Avbelj and published by . This book was released on 2012 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

The EU and Constitutional Time

Author : Massimo Fichera
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789908992
Total Pages : 0 pages
Book Rating : 4.9/5 (89 download)

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Book Synopsis The EU and Constitutional Time by : Massimo Fichera

Download or read book The EU and Constitutional Time written by Massimo Fichera and published by Edward Elgar Publishing. This book was released on 2023-07-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions and contradictions of European constitutionalism using the lens of constitutional time. The author's claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the sub-national or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed - placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.

European Constitutionalism Beyond Lisbon

Author : Jan Wouters
Publisher :
ISBN 13 : 9789050958882
Total Pages : 0 pages
Book Rating : 4.9/5 (588 download)

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Book Synopsis European Constitutionalism Beyond Lisbon by : Jan Wouters

Download or read book European Constitutionalism Beyond Lisbon written by Jan Wouters and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As Europe's leaders seek to finally secure the ratification of the Treaty of Lisbon after the Irish "no" vote, it is time to take a step back and review, in a broader perspective, the past decade of attempts at European constitutional reform. This book discusses the changes that had been envisaged under the EU's Constitutional Treaty and the Treaty of Lisbon. It also shows, in a number of areas of European integration, the continuity of Europe's constitutional development before and beyond Lisbon. The subjects covered include treaty-making and understanding the outcome of referendums; the process of de-pillarization and the development of the EU's human rights agenda; citizenship, migration, and foreign policy; the EU's "social market economy;" the role of national parliaments and the search for more executive accountability and democratic legitimacy in the EU; and the issue of democracy and transparency. Views on the future of European constitutionalism conclude the discussion.

Constitutional Crisis in the European Constitutional Area

Author : Armin von Bogdandy
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848719969
Total Pages : 0 pages
Book Rating : 4.7/5 (199 download)

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Book Synopsis Constitutional Crisis in the European Constitutional Area by : Armin von Bogdandy

Download or read book Constitutional Crisis in the European Constitutional Area written by Armin von Bogdandy and published by Nomos Verlagsgesellschaft. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop serious deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitution s. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little studied aspect of European constitutionalism.

Critical Reflections on Constitutional Democracy in the European Union

Author : Sacha Garben
Publisher : Hart Publishing
ISBN 13 : 9781509933280
Total Pages : 431 pages
Book Rating : 4.9/5 (332 download)

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Book Synopsis Critical Reflections on Constitutional Democracy in the European Union by : Sacha Garben

Download or read book Critical Reflections on Constitutional Democracy in the European Union written by Sacha Garben and published by Hart Publishing. This book was released on 2019 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners, legal and political perspectives, focusing on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the rich array of existing scholarship and debate, by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal"--

Building Europe's Parliament

Author : Berthold Rittberger
Publisher : OUP Oxford
ISBN 13 : 0191534269
Total Pages : 256 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Building Europe's Parliament by : Berthold Rittberger

Download or read book Building Europe's Parliament written by Berthold Rittberger and published by OUP Oxford. This book was released on 2005-03-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have the national governments of EU member states successively endowed the European Parliament with supervisory, budgetary, and legislative powers over the past fifty years? Building Europe's Parliament sheds new light on this pivotal issue, and provides a major contribution to the study of the European Parliament. Rittberger develops a theory of delegation to representative institutions in international politics which combines elements of democratic theory and different strands of institutionalist theory. To test the plausibility of his theory, Rittberger draws on extensive archival material and offers theory-guided, in-depth case studies of three landmark decisions in the history of the European Parliament: the creation of the Common Assembly of the ECSC in 1951 and the concomitant acquisition of supervisory powers vis-à-vis the quasi-executive High Authority; the delegation of budgetary powers following the signing of the Treaty of Luxembourg in 1970; and the delegation of legislative powers resulting from the adoption of the Single European Act signed in 1986. This is followed by the charting of more recent key developments, culminating in the adoption of the Constitutional Treaty in 2004. The book provides a welcome addition to the literature on institutional design by reflecting on the conditions under which governments opt for the creation and empowerment of parliamentary institutions in international politics. It also makes a valuable contribution to the application of democratic theory to the study of the European Union by demonstrating that political elites shared the view that the new supranational polity which emerged from the debris of World War II suffered from 'democratic deficit' since its inception, thus disproving the claim that the lamented 'democratic deficit' is a recent phenomenon.

Learning from the EU Constitutional Treaty

Author : Ben Crum
Publisher :
ISBN 13 : 9781138812895
Total Pages : 0 pages
Book Rating : 4.8/5 (128 download)

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Book Synopsis Learning from the EU Constitutional Treaty by : Ben Crum

Download or read book Learning from the EU Constitutional Treaty written by Ben Crum and published by . This book was released on 2014-07-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization. As international organizations become permanent systems of governance that directly interfere in individuals' lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures. Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.

The Abuse of Constitutional Identity in the European Union

Author : Julian Scholtes
Publisher : Oxford University Press
ISBN 13 : 0198883196
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Abuse of Constitutional Identity in the European Union by : Julian Scholtes

Download or read book The Abuse of Constitutional Identity in the European Union written by Julian Scholtes and published by Oxford University Press. This book was released on 2023-08-08 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused. In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

Maastricht and Beyond

Author : Andrew Duff
Publisher : Routledge
ISBN 13 : 1134840454
Total Pages : 318 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Maastricht and Beyond by : Andrew Duff

Download or read book Maastricht and Beyond written by Andrew Duff and published by Routledge. This book was released on 2002-09-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maastricht and Beyond is a critical assessment of the European Union brought into being by the Treaty of Maastricht. A team of experts provide a clear and thorough appraisal of the main provisions of the Treaty - including the three pillared structure of Economic and Monetary Union, common foreign and security policy and home affairs and justice - showing how these elements will change the function and eventually the character of the European Union. The book draws conclusions from the Maastricht process for the next reform of the Union in 1996, and it examines the practicalities of achieving a fully-fledged federal democracy, making proposals for a constitutional settlement. Maastricht and Beyond will appeal to both informed generalists and to students and scholars who want a fresh approach to the stale arguments over Maastricht, who seek enlightenment over what the Treaty is for and who have the curiosity to look forward to 1996 and beyond.

Deliberative Constitution-making

Author : Min Reuchamps
Publisher : Taylor & Francis
ISBN 13 : 1000955249
Total Pages : 239 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Deliberative Constitution-making by : Min Reuchamps

Download or read book Deliberative Constitution-making written by Min Reuchamps and published by Taylor & Francis. This book was released on 2023-08-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains deliberative constitution-making with a special focus on the connections between participation, representation and legitimacy and provides a general overview of what the challenges and prospects of deliberative constitution-making are today. It seeks to provide a more complete picture of what is at stake as a political trend in various places in the world, both theoretically and empirically grounded. Distinctively, the book studies not only established democracies and well-known cases of deliberative constitution-making but also such practices in authoritarian and less consolidated democratic settings and departs from a traditional institutional perspective to have a special focus on actors, and in particular underrepresented groups. This book is of key interest to scholars and students of deliberative democracy, constitutional politics, democratization and autocratization studies, citizen participation and more broadly to comparative politics, public administration, social policy and law.

Constitutionalism and the Enlargement of Europe

Author : Wojciech Sadurski
Publisher : OUP Oxford
ISBN 13 : 0191631086
Total Pages : 403 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Constitutionalism and the Enlargement of Europe by : Wojciech Sadurski

Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by OUP Oxford. This book was released on 2012-07-26 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.

Theory and Reform in the European Union

Author : Dimitris N. Chryssochoou
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.:/5 (132 download)

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Book Synopsis Theory and Reform in the European Union by : Dimitris N. Chryssochoou

Download or read book Theory and Reform in the European Union written by Dimitris N. Chryssochoou and published by . This book was released on 2018 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantially updated and revised edition offers a comprehensive overview of the challenges confronting the political system as well as the international politics of the European Union. It draws from a rich spectrum of regional integration theories to determine what the Union actually is and how it is developing. The book examines constitutional politics of the European Union, from the Single European Act to the Treaty of Nice and beyond. The ongoing debate on the future of Europe links together questions of democracy and legitimacy, competences and rights, and the prospects for European polity-building. The aim is to contribute to a better understanding of the emerging European polity and the questions that further treaty reform generate for the future of the regional system. The authors also assess the evolving European security architecture, the limits and possibilities of a genuine European foreign, security and defence policy, and the role of the European Union in the post-Cold War international system. Common themes involve debates about stability and instability, continuity and change, multipolarity and leadership, co-operation and discord, power capabilities and patterns of behaviour. The book traces the defining features of the 'new order' in Europe and incorporates an analysis of the post-September 11 context. This major new edition will be of particular interest to academics, policy-makers and students with an interest in the politics and governance of contemporary Europe, as well as to those pursuing a career in international affairs.

The Constitutional Theory of the Federation and the European Union

Author : Signe Rehling Larsen
Publisher : Oxford University Press
ISBN 13 : 0192603019
Total Pages : 224 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Constitutional Theory of the Federation and the European Union by : Signe Rehling Larsen

Download or read book The Constitutional Theory of the Federation and the European Union written by Signe Rehling Larsen and published by Oxford University Press. This book was released on 2021-02-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.

Illiberal Politics and Religion in Europe and Beyond

Author : Anja Hennig
Publisher : Campus Verlag
ISBN 13 : 3593443147
Total Pages : 559 pages
Book Rating : 4.5/5 (934 download)

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Book Synopsis Illiberal Politics and Religion in Europe and Beyond by : Anja Hennig

Download or read book Illiberal Politics and Religion in Europe and Beyond written by Anja Hennig and published by Campus Verlag. This book was released on 2020-12-16 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globale Migrationsbewegungen, Sicherheitsbedrohungen und soziale Umwälzungen haben in den vergangenen Jahren den Aufstieg populistischer rechter Parteien und Bewegungen in Europa und im transatlantischen Raum befördert. Religiöse Akteure stellen potenzielle Allianzpartner für diese Gruppierungen dar. Denn religiöse Interpretationen, etwa die Bezugnahme auf christliche Traditionen, bieten ein Reservoir für die Konstruktion vermeintlich natürlicher Geschlechterordnungen, exkludierender Vorstellungen homogener Nationen und anti-muslimischer Narrative. Dieses Buch analysiert die ideologische, strukturelle und historische Verbindung von Religion und illiberalen Politiken in europäischen Demokratien.

Beyond Presidentialism and Parliamentarism

Author : Steffen Ganghof
Publisher : Oxford University Press
ISBN 13 : 0192897144
Total Pages : 225 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Beyond Presidentialism and Parliamentarism by : Steffen Ganghof

Download or read book Beyond Presidentialism and Parliamentarism written by Steffen Ganghof and published by Oxford University Press. This book was released on 2022-01-16 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In a democracy, a constitutional separation of powers between the executive and the assembly may be desirable, but the constitutional concentration of executive power in a single human being is not. Beyond Presidentialism and Parliamentarism defends this thesis and explores 'semi-parliamentary government' as an alternative to presidential government. Semi-parliamentarism avoids power concentration in one person by shifting the separation of powers into the democratic assembly. The executive becomes fused with only one part of the assembly, even though the other part has at least equal democratic legitimacy and robust veto power on ordinary legislation. The book identifies the Australian Commonwealth and Japan as well as the Australian states of New South Wales, South Australia, Tasmania, Victoria, and Western Australia as semi-parliamentary systems. Using data from 23 countries and six Australian states, it maps how parliamentary and semi-parliamentary systems balance competing visions of democracy; it analyzes patterns of electoral and party systems, cabinet formation, legislative coalition-building, and constitutional reforms; systematically compares the semi-parliamentary and presidential separation of powers; and develops new and innovative semi-parliamentary designs, some of which do not require two separate chambers.