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Patterns Of Constitutional Design
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Book Synopsis Patterns of Constitutional Design by : Jonathan Wheatley
Download or read book Patterns of Constitutional Design written by Jonathan Wheatley and published by Routledge. This book was released on 2016-05-13 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Book Synopsis Patterns of Constitutional Design by : Fernando Mendez
Download or read book Patterns of Constitutional Design written by Fernando Mendez and published by . This book was released on 2007 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Patterns of Constitutional Design by : Jonathan Wheatley
Download or read book Patterns of Constitutional Design written by Jonathan Wheatley and published by Routledge. This book was released on 2016-05-13 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Book Synopsis Borrowing Constitutional Designs by : Cindy Skach
Download or read book Borrowing Constitutional Designs written by Cindy Skach and published by Princeton University Press. This book was released on 2011-02-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.
Book Synopsis Borrowing Constitutional Designs by : Cindy Skach
Download or read book Borrowing Constitutional Designs written by Cindy Skach and published by Princeton University Press. This book was released on 2005 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.
Book Synopsis Comparative Constitutional Design by : Tom Ginsburg
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.
Book Synopsis The Calculus of Consent and Constitutional Design by : Keith Dougherty
Download or read book The Calculus of Consent and Constitutional Design written by Keith Dougherty and published by Springer Science & Business Media. This book was released on 2011-03-16 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buchanan and Tullock’s seminal work, The Calculus of Consent, linked economic methodology to substantive questions in political science. Among the major contributions of their book is a connection between constitutional decision making and contractarianism, a philosophical tradition that proponents believe can give institutions legitimacy. In other words, a major contribution of their book is a clear connection between empirical decision making and normative principles. The current book formalizes and extends their foundational ideas as it attempts to show how economic and philosophical arguments about the "best" voting rules can be used to improve constitutional design. It informs debates about constitutional political economy in comparative politics, democratic theory, and public choice. Political scientists often ask questions about what causes a nation to seek a new constitution, how constitutions are made, and what factors allow for corrupt decision making. The Calculus of Consent and Constitutional Design bridges the gap between normative questions about which institutions are most efficient and fair and empirical questions about how constitutions are formed. This provides a benchmark to help create better constitutions and informs empirical research about what institutions are most likely to succeed. The book begins by showing how contractarian ideals can be used to justify choices about decision-making. It then carefully defines several concepts employed by Buchanan and Tullock and shows why the relationships between these concepts may not be as closely linked as Buchanan and Tullock first thought. This provides a backdrop for analyzing the three phases of constitutional decision-making: 1) the constitutional phase, where rules for constitutional decision making must be justified; 2) the legislative phase, where the optimal k-majority rule is analyzed; and 3) the electoral phase, where the optimal voting rule for large electorates and open alternatives are determined. These phases differ by context and sources of legitimacy. Computational models and analytic techniques are introduced in each of these chapters. Finally, the book concludes with statements about the significance of the research for the creation of constitutions more broadly.
Book Synopsis Comparative Constitutional Design by : Tom Ginsburg
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Book Synopsis Principles of Constitutional Design by : Donald S. Lutz
Download or read book Principles of Constitutional Design written by Donald S. Lutz and published by . This book was released on 2014-05-14 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Book Synopsis Constitutional Ratification without Reason by : Jeffrey A. Lenowitz
Download or read book Constitutional Ratification without Reason written by Jeffrey A. Lenowitz and published by Oxford University Press. This book was released on 2022-03-10 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Book Synopsis Streets and Patterns by : Stephen Marshall
Download or read book Streets and Patterns written by Stephen Marshall and published by Routledge. This book was released on 2004-08-02 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an emerging consensus that urban street layouts should be planned with greater attention to ‘placemaking’ and urban design quality, while maintaining the conventional transport functions of accessibility and connectivity. However, it is not always clear how this might be achieved: we still tend to have different sets of guidance for main road networks and for local streetgrids. What is needed is a framework that addresses both of these, plus main streets – that don’t easily fit either set of guidance – in an integrative manner. Streets and Patterns takes up this challenge to create a coherent rationale to underpin today’s streets-oriented urban design agenda. Informed by recent research, the book looks behind existing design conventions and beyond immediate policy rhetoric, and analyses a range of first principles – from Le Corbusier and Colin Buchanan to New Urbanism. The book provides a new framework for the design and planning of urban layouts, integrating transport issues such as road hierarchy, arterial streets and multi-modal networks with urban design and planning issues such as street type, grid type, mixed-use blocks and urban design coding.
Book Synopsis Designs for Democratic Stability: Studies in Viable Constitutionalism by : Abdo I. Baaklini
Download or read book Designs for Democratic Stability: Studies in Viable Constitutionalism written by Abdo I. Baaklini and published by Routledge. This book was released on 2016-06-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1980s and the collapse of communist, military, and race-based regimes across the world, the euphoria has given way to the question of how to enhance the viability of democratic constitutional government. This text covers this issue.
Book Synopsis Principles of Constitutional Design by : Donald S. Lutz
Download or read book Principles of Constitutional Design written by Donald S. Lutz and published by Cambridge University Press. This book was released on 2006-08-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Book Synopsis Comparative Constitutional Design by : Tom Ginsburg
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by . This book was released on 2014-05-14 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.
Book Synopsis Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering by : Jan Zielonka
Download or read book Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering written by Jan Zielonka and published by OUP Oxford. This book was released on 2001-06-14 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democratic consolidation through institutional means. The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments. The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. The second chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania, Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.
Book Synopsis The Will of the People by : Yanina Welp
Download or read book The Will of the People written by Yanina Welp and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-06-06 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Will of the People: Populism and Citizen Participation in Latin America argues that while populist leaders typically claim to speak 'in the name of the people', they rarely allow the people to express their opinion independently through institutions of citizen participation. The argument is rooted in theoretical discussions and empirical analyses of trends and specific cases. The volume deals with the following questions: Why is populism so prolific in the Latin American region? How and where do populist leaders arrive to power? Is there a connection between populism and fascism as claimed by negative views of Argentinian Peronism? Are populist leaders more keen on introducing mechanisms of direct citizen participation? Are the erosions of the political party system an explanation of the emergence of populism, as seems to be the case with Fujimorism in Peru? To what extent have the governments of Hugo Chávez, Evo Morales and Rafael Correa given voice to the people through the so-called participatory democracy?
Book Synopsis Citizenship and Contemporary Direct Democracy by : David Altman
Download or read book Citizenship and Contemporary Direct Democracy written by David Altman and published by Cambridge University Press. This book was released on 2019 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comparative study of the origins, performance, and reform of contemporary mechanisms of direct democracy.
