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Democratic Government And Constitutional Jurisdiction
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Book Synopsis Democratic Government and Constitutional Jurisdiction by : Clèmerson Merlin Clève
Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Book Synopsis Models of Constitutional Jurisdiction by : Helmut Steinberger
Download or read book Models of Constitutional Jurisdiction written by Helmut Steinberger and published by Council of Europe. This book was released on 1993-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover: Collection: Science and technique of democracy
Book Synopsis The Limits of Constitutional Democracy by : Jeffrey K. Tulis
Download or read book The Limits of Constitutional Democracy written by Jeffrey K. Tulis and published by Princeton University Press. This book was released on 2010-10-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee
Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry.
Book Synopsis Constitutional Law, Constitutionalism and Democracy by : Nicholas Sunday
Download or read book Constitutional Law, Constitutionalism and Democracy written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-05-02 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science
Book Synopsis Constitutional Culture and Democratic Rule by : John A. Ferejohn
Download or read book Constitutional Culture and Democratic Rule written by John A. Ferejohn and published by Cambridge University Press. This book was released on 2001-10-08 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Book Synopsis Constitutional Self-Government by : Christopher L. EISGRUBER
Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: We can’t afford to be complacent any more: “A formidable book . . . extremely rich in historical examples, case studies, and quantitative data.” —International Journal of Constitutional Law Democracies are in danger. Around the world, a wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump marks a decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Many think the Constitution will safeguard us from lasting damage. But is that assumption justified? Drawing on an array of other countries’ experiences, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality, they contend, is that the US Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court to conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better, and the authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk. “This book makes a huge contribution to our understanding of how democracies erode and what institutional reforms would make it harder for authoritarian populists to entrench their power.” —Yascha Mounk, author of The People vs. Democracy “Whereas other recent books on the crisis of American democracy focus on what has gone wrong, Ginsburg and Huq provide us with clear-eyed proposals—including some bold constitutional reforms—for how to fix it.” —Steven Levitsky, New York Times–bestselling coauthor of How Democracies Die
Book Synopsis Constitutional Democracy in a Multicultural and Globalised World by : Thomas Fleiner
Download or read book Constitutional Democracy in a Multicultural and Globalised World written by Thomas Fleiner and published by Springer Science & Business Media. This book was released on 2009-01-31 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.
Book Synopsis America as a Model by : Klaus von Beyme
Download or read book America as a Model written by Klaus von Beyme and published by Gower Publishing Company, Limited. This book was released on 1987 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating Our Constitutional Rights by : William B. Glidden
Download or read book Regulating Our Constitutional Rights written by William B. Glidden and published by Rowman & Littlefield. This book was released on 2023-05-22 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that we the people’s rights under the Constitution as amended cannot be characterized as “specific prohibitions” against government. Life, liberty, and property rights, and the freedoms of religion, speech, and press, for example, are neither self-defining nor precise. Accordingly, in our representative democracy, the unelected, unaccountable, life-tenured judges on the Supreme Court should defer to the laws of Congress affecting these rights absent a clear constitutional violation. But the modern conservative Court has become increasingly willing to overturn the laws and policy choices of our nation’s elected representatives based on the judges’ political and ideological preferences. Congress has the constitutional power to control the jurisdiction of the lower federal courts and the appellate jurisdiction of the Supreme Court, but it has not chosen to exercise this power in any meaningful way to preserve and protect the American people’s right to be governed by majoritarian rule
Book Synopsis The Constitution As Political Structure by : Martin H. Redish
Download or read book The Constitution As Political Structure written by Martin H. Redish and published by Oxford University Press. This book was released on 1995-01-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.
Book Synopsis History of the Unated States Democracy: Key Civil Rights Acts, Constitutional Amendments, Supreme Court Decisions & Acts of Foreign Policy (Including Declaration of Independence, Constitution & Bill of Rights) by : U.S. Government
Download or read book History of the Unated States Democracy: Key Civil Rights Acts, Constitutional Amendments, Supreme Court Decisions & Acts of Foreign Policy (Including Declaration of Independence, Constitution & Bill of Rights) written by U.S. Government and published by e-artnow. This book was released on 2018-03-21 with total page 1118 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eBook edition of "History of the Unated States Democracy: Key Civil Rights Acts, Constitutional Amendments, Supreme Court Decisions & Acts of Foreign Policy" has been formatted to the highest digital standards and adjusted for readability on all devices. This is a unique collection of U.S. Government legal documents that shaped and built the American democracy. From the Declaration of Independence to the Civil Rights Act of 1968, this collection contains 40 most important acts and decisions which forged the legal system and democratic principles of USA: Declaration of Independence (1776) U.S. Constitution (1787) Bill of Rights (1791) Amendments (1792-1991) The Federalist Papers (1787-1788) Marbury v. Madison (1803) The Louisiana Purchase Treaty (1803) Treaty of Ghent (1814) Monroe Doctrine (1823) Treaty of Guadalupe Hidalgo (1848) Emancipation Proclamation (1863) Gettysburg Address (1863) The Civil Rights Act of 1866 Treaty of Fort Laramie/Sioux Treaty (1868) The Enforcement Act of 1870 The Second Enforcement Act of 1871 (Ku Klux Klan Act of 1871) Civil Rights Act of 1875 Interstate Commerce Act (1887) Dawes Act (1887) Sherman Anti-Trust Act (1890) Plessy v. Ferguson (1896) Keating-Owen Child Labor Act of 1916 (1916) President Woodrow Wilson's 14 Point Program (1918) National Industrial Recovery Act (1933) Social Security Act (1935) Lend-Lease Act (1941) Brown v. Board of Education (1954) Civil Rights Act of 1957 Civil Rights Act of 1960 Establishment of the Peace Corps (1961) Test Ban Treaty (1963) Equal Pay Act of 1963 Civil Rights Act of 1964 Tonkin Gulf Resolution (1964) Heart of Atlanta Motel, Inc. v. United States (1964) Voting Rights Act (1965) Loving v. Virginia (1967) Civil Rights Act of 1968 Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978
Book Synopsis Courts and Congress by : William Quirk
Download or read book Courts and Congress written by William Quirk and published by Routledge. This book was released on 2018-02-06 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.
Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski
Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
