Eternity Clauses In Democratic Constitutionalism

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Eternity Clauses in Democratic Constitutionalism

Author : Silvia Suteu
Publisher : Oxford University Press
ISBN 13 : 0192602608
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu

Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

An Unamendable Constitution?

Author : Richard Albert
Publisher : Springer
ISBN 13 : 3319951416
Total Pages : 390 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis An Unamendable Constitution? by : Richard Albert

Download or read book An Unamendable Constitution? written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Constitutional Democracy

Author : Walter F. Murphy
Publisher : JHU Press
ISBN 13 : 9780801884702
Total Pages : 588 pages
Book Rating : 4.8/5 (847 download)

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Book Synopsis Constitutional Democracy by : Walter F. Murphy

Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Constitutional Self-Government

Author : Christopher L. EISGRUBER
Publisher : Harvard University Press
ISBN 13 : 0674034465
Total Pages : 273 pages
Book Rating : 4.6/5 (74 download)

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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.

The Limits of Constitutional Democracy

Author : Jeffrey K. Tulis
Publisher : Princeton University Press
ISBN 13 : 1400836794
Total Pages : 360 pages
Book Rating : 4.4/5 (8 download)

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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.

Constitutional Culture and Democratic Rule

Author : John A. Ferejohn
Publisher : Cambridge University Press
ISBN 13 : 9780521793704
Total Pages : 430 pages
Book Rating : 4.7/5 (937 download)

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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.

Designing Democracy

Author : Cass R. Sunstein
Publisher : Oxford University Press on Demand
ISBN 13 : 0195145429
Total Pages : 291 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Designing Democracy by : Cass R. Sunstein

Download or read book Designing Democracy written by Cass R. Sunstein and published by Oxford University Press on Demand. This book was released on 2001-09-27 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.

Abusive Constitutional Borrowing

Author : Rosalind Dixon
Publisher : Oxford University Press
ISBN 13 : 0192893769
Total Pages : 241 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Abusive Constitutional Borrowing by : Rosalind Dixon

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Democracy's Constitution

Author : John Denvir
Publisher : University of Illinois Press
ISBN 13 : 9780252026652
Total Pages : 174 pages
Book Rating : 4.0/5 (266 download)

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Book Synopsis Democracy's Constitution by : John Denvir

Download or read book Democracy's Constitution written by John Denvir and published by University of Illinois Press. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the unemployment and undereducation of millions of Americans raise issues of constitutional significance? In this provocative reassessment of constitutional intent, John Denvir investigates the "privileges or immunities" of U.S. citizenship and considers how they should be understood in the twenty-first century. He asserts that the Fourteenth Amendment implicitly protects certain social rights essential to liberty and the pursuit of happiness. These privileges of national citizenship, in his view, include the opportunity to earn a decent living, the right to a first-rate education, the right to a voice that is heard, and the right to a vote that counts. Denvir discusses how key U.S. Supreme Court decisions bear on the realization of democracy in America and how a new interpretation of the privileges or immunities clause could give the Constitution a more democratic cast, one more consistent with the basic moral premise of the Declaration of Independence. Advocating reforms in funding for education and campaign financing, as well as large-scale government work programs, he indicates how full implementation of the political rights of free speech and the vote could facilitate the implementation of the social rights to work and education. By uncovering the social rights implicit in the Fourteenth Amendment and the U.S. constitutional tradition, Democracy's Constitution reaffirms the principles that distinguish the United States as a political and legal culture. Its recommendations aim to make the participation of ordinary citizens in their democracy more effective and their pursuit of happiness more feasible.

Militant Democracy

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Philosophical Foundations of Constitutional Law

Author : David Dyzenhaus
Publisher : Oxford University Press
ISBN 13 : 0198754523
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus

Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.

The Global South and Comparative Constitutional Law

Author : Philipp Dann
Publisher : Oxford University Press
ISBN 13 : 0192590758
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann

Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press. This book was released on 2020-10-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

The Democratic Constitution

Author : Brian E. Butler
Publisher : University of Chicago Press
ISBN 13 : 022647450X
Total Pages : 258 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Democratic Constitution by : Brian E. Butler

Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

The Failure of Popular Constitution Making in Turkey

Author : Felix Petersen
Publisher : Cambridge University Press
ISBN 13 : 1108497624
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Failure of Popular Constitution Making in Turkey by : Felix Petersen

Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

Modern Constitutions

Author : Rogers M. Smith
Publisher : Democracy, Citizenship, and Company
ISBN 13 : 0812252349
Total Pages : 336 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Modern Constitutions by : Rogers M. Smith

Download or read book Modern Constitutions written by Rogers M. Smith and published by Democracy, Citizenship, and Company. This book was released on 2020 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.