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Author : Antonio B. Nachura
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.3/5 (91 download)
Download or read book Liberal Views on Constitutional Reform written by Antonio B. Nachura and published by . This book was released on 2003 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger D. Congleton
Publisher :
ISBN 13 : 9780511919206
Total Pages : 669 pages
Book Rating : 4.9/5 (192 download)
Download or read book Perfecting Parliament written by Roger D. Congleton and published by . This book was released on 2014-05-14 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why contemporary liberal democracies are based on historical templates rather than revolutionary reforms; why the transition in Europe occurred during a relatively short period in the nineteenth century; why politically and economically powerful men and women voluntarily supported such reforms; how interests, ideas, and preexisting institutions affected the reforms adopted; and why the countries that liberalized their political systems also produced the Industrial Revolution. The analysis is organized in three parts. The first part develops new rational choice models of (1) governance, (2) the balance of authority between parliaments and kings, (3) constitutional exchange, and (4) suffrage reform. The second part provides historical overviews and detailed constitutional histories of six important countries: the United States, United Kingdom, Sweden, the Netherlands, Japan, and Germany. In all the countries discussed, liberal democracy emerged from a long series of constitutional reforms, rather than as a quantum leap from authoritarian to democratic governance. The third part provides additional quantitative evidence in support of the theory, summarizes the results, contrasts the approach taken in this book with that of other scholars, and discusses methodological issues.
Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.6/5 (747 download)
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674726499
Total Pages : 701 pages
Book Rating : 4.6/5 (747 download)
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-01 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original constitutional design. Grounded in the thought of Locke, Hume, Madison, and other Enlightenment figures, classical liberalism emphasized federalism, restricted government, separation of powers, and strong protection of individual rights. New Deal progressives challenged this synthesis by embracing government as a force for social good rather than a necessary evil. The Supreme Court has unwisely ratified the progressive program by sustaining many legislative initiatives at odds with the classical liberal Constitution. Epstein addresses both the Constitution's structural safeguards against state power and its protection of individual rights. He sheds light on contemporary disputes ranging from presidential prerogatives to health care legislation, while exploring such enduring topics as judicial review, economic regulation, freedom of speech and religion, and equal protection.
Author : Richard Albert
Publisher :
ISBN 13 : 9781788978637
Total Pages : 0 pages
Book Rating : 4.9/5 (786 download)
Download or read book Constitutional Reform of National Legislatures written by Richard Albert and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.
Author : Rosalind Dixon
Publisher : Oxford University Press
ISBN 13 : 0192893769
Total Pages : 241 pages
Book Rating : 4.1/5 (928 download)
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.
Author : Rogers M. Smith
Publisher : Harvard University Press
ISBN 13 : 9780674530157
Total Pages : 350 pages
Book Rating : 4.5/5 (31 download)
Download or read book Liberalism and American Constitutional Law written by Rogers M. Smith and published by Harvard University Press. This book was released on 1985 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review
Author : Roger D. Congleton
Publisher : Cambridge University Press
ISBN 13 : 1139494759
Total Pages : 669 pages
Book Rating : 4.1/5 (394 download)
Download or read book Perfecting Parliament written by Roger D. Congleton and published by Cambridge University Press. This book was released on 2010-11-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why contemporary liberal democracies are based on historical templates rather than revolutionary reforms; why the transition in Europe occurred during a relatively short period in the nineteenth century; why politically and economically powerful men and women voluntarily supported such reforms; how interests, ideas, and pre-existing institutions affected the reforms adopted; and why the countries that liberalized their political systems also produced the Industrial Revolution. The analysis is organized in three parts. The first part develops new rational choice models of (1) governance, (2) the balance of authority between parliaments and kings, (3) constitutional exchange, and (4) suffrage reform. The second part provides historical overviews and detailed constitutional histories of six important countries. The third part provides additional evidence in support of the theory, summarizes the results, contrasts the approach taken in this book with that of other scholars, and discusses methodological issues.
Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)
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: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Andrew Chadwick
Publisher : Ashgate Publishing
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.X/5 (4 download)
Download or read book Augmenting Democracy written by Andrew Chadwick and published by Ashgate Publishing. This book was released on 1999 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Andrew Chadwick provides an important new interpretation of British radical, suffrage-feminist and socialist movements during the first quarter of the twentieth century, based on analysis of their visions of democratic constitutional reform.
Author : Jack M. Balkin
Publisher : Oxford University Press, USA
ISBN 13 : 0197530990
Total Pages : 257 pages
Book Rating : 4.1/5 (975 download)
Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press, USA. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
Author : Charles A. Hale
Publisher : Princeton University Press
ISBN 13 : 1400863228
Total Pages : 304 pages
Book Rating : 4.4/5 (8 download)
Download or read book The Transformation of Liberalism in Late Nineteenth-Century Mexico written by Charles A. Hale and published by Princeton University Press. This book was released on 2014-07-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading intellectual historian of Latin America here examines the changing political ideas of the Mexican intellectual and quasi-governmental elite during the period of ideological consensus from the victory of Benito Juárez of 1867 into the 1890s. Looking at Mexican political thought in a comparative Western context, Charles Hale fully describes how triumphant liberalism was transformed by its encounter with the philosophy of positivism. In so doing, he challenges the prevailing tendency to divide Mexican thought into liberal and positivist stages. The political impact of positivism in Mexico began in 1878, when the "new" or "conservative" liberals enunciated the doctrine of "scientific politics" in the newspaper La Libertad. Hale probes the intellectual origins of scientific politics in the ideas of Henri de Saint-Simon and Auguste Comte, and he discusses the contemporary models of the movement the conservative republics of France and Spain. Drawing on the debates between advocates of scientific politics and defenders of the Constitution of 1857 in its pure form, he argues that the La Libertad group of 1878 and their heirs, the Cientificos of 1893, were constitutionalists in the liberal tradition and not merely apologists for the authoritarian regime of Porfirio Díaz. Hale concludes by outlining the legacy of scientific politics for post-revolutionary Mexico, particularly in the present-day efforts to inject "democracy" into the political system. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Sujit Choudhry
Publisher : Edward Elgar Publishing
ISBN 13 : 9781783472956
Total Pages : 0 pages
Book Rating : 4.4/5 (729 download)
Download or read book Constitution Making written by Sujit Choudhry and published by Edward Elgar Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Author : Adam Winkler
Publisher : W. W. Norton & Company
ISBN 13 : 0393082296
Total Pages : 376 pages
Book Rating : 4.3/5 (93 download)
Download or read book Gunfight: The Battle over the Right to Bear Arms in America written by Adam Winkler and published by W. W. Norton & Company. This book was released on 2011-09-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
Author : Erwin Chemerinsky
Publisher : Picador
ISBN 13 : 1250166004
Total Pages : 319 pages
Book Rating : 4.2/5 (51 download)
Download or read book We the People written by Erwin Chemerinsky and published by Picador. This book was released on 2018-11-13 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A primer on recognizing the power and promise of the Preamble and the Constitution during this conservative assault on our founding text “Over the course of American history, there have been great gains in individual freedom and enormous advances in equality for racial minorities, women, and gays and lesbians, though obviously much remains to be done. Now we are at a moment with a president who is not committed to these values and face the reality of a Supreme Court that will likely be more hostile to them for the foreseeable future.” --From the Preface Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Author : Joseph Story
Publisher :
ISBN 13 :
Total Pages : 800 pages
Book Rating : 4.A/5 ( download)
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
