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The Endurance Of National Constitutions
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Book Synopsis The Endurance of National Constitutions by : Zachary Elkins
Download or read book The Endurance of National Constitutions written by Zachary Elkins and published by Cambridge University Press. This book was released on 2009-10-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
Book Synopsis The Endurance of National Constitutions by : Tom Ginsburg
Download or read book The Endurance of National Constitutions written by Tom Ginsburg and published by . This book was released on 2010 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are supposed to provide an enduring structure for politics. Yet most die at a young age, and we estimate the average life expectancy to be only 19 years. Why is it that some constitutions endure while others do not? In this book, we examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, the volume is the first comprehensive study of constitutional mortality. We show that, while constitutions are imperiled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that we also subject to scrutiny - the decisions of founders take on added importance. This introductory chapter lays out the argument of the book.
Book Synopsis The Endurance of National Constitutions by : Zachary Elkins
Download or read book The Endurance of National Constitutions written by Zachary Elkins and published by Cambridge University Press. This book was released on 2009-10-19 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original historical data, this book shows that key changes in design can extend constitutional life.
Book Synopsis Comparative Constitutions by : L.Wolf- Phillips
Download or read book Comparative Constitutions written by L.Wolf- Phillips and published by Springer. This book was released on 1972-06-18 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Vermont – Wisconsin / Addendum et Corrigendum by : Horst Dippel
Download or read book Vermont – Wisconsin / Addendum et Corrigendum written by Horst Dippel and published by Walter de Gruyter. This book was released on 2009-12-22 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seven-volume edition contains 446 constitutional texts, constitutional amendments, failed constitutions and draft constitutions from the United States, all in their original languages and alphabetically ordered by states. The texts, including some rare original versions, have been edited and annotated on the basis of the printed official state documents and conventions, consulting the original manuscripts. The constitutional documents from Vermont to Wisconsin are published in volume VII.
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: 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.
Book Synopsis Assessing Constitutional Performance by : Tom Ginsburg
Download or read book Assessing Constitutional Performance written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2016-08-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg
Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
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 National Constitutions / State Constitutions (Alabama – Frankland) by : Horst Dippel
Download or read book National Constitutions / State Constitutions (Alabama – Frankland) written by Horst Dippel and published by Walter de Gruyter. This book was released on 2008-12-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "National Constitutions / State Constitutions (Alabama – Frankland)".
Book Synopsis Judicial Review in New Democracies by : Tom Ginsburg
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Book Synopsis The Cycles of Constitutional Time by : Jack M. Balkin
Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press. This book was released on 2020-08-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.
Book Synopsis Constitution Makers on Constitution Making by : Tom Ginsburg
Download or read book Constitution Makers on Constitution Making written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-10-31 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines constitution-making from the perspective of those directly engaged in the process in different countries around the world.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis Growth of American State Constitutions from 1776 to the End of the Year 1914 by : James Quayle Dealey
Download or read book Growth of American State Constitutions from 1776 to the End of the Year 1914 written by James Quayle Dealey and published by . This book was released on 1915 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Dead Hand's Grip by : Adam R. Brown
Download or read book The Dead Hand's Grip written by Adam R. Brown and published by Oxford University Press. This book was released on 2022-08-27 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dead Hand's Grip, Adam R. Brown examines constitutional specificity--or length--as a new way to evaluate how different polities govern citizens and regulate themselves. As Brown shows, many states and nations bloat their constitutions with procedural and policy details that other polities leave to statutory or regulatory discretion. American state constitutions vary in length from under 9,000 to almost 400,000 words. Constitutional endurance has often provoked fears that the dead hand of the past may reach into the present; lengthy constitutions strengthen the dead hand's grip, binding states to a former generation's solutions to modern problems. Brown argues that excessive constitutional specificity restricts state discretion, with three major results. First, it compels states to rely more frequently on burdensome amendment procedures, increasing constitutional amendment rates. Second, it increases judicial invalidation rates as state supreme courts enforce narrower limits on state action. Third and most importantly, it results in severely reduced economic performance, with lower incomes, higher unemployment, greater inequality, and reduced policy innovativeness generally. In short, long constitutions hurt states. While Brown's analysis focuses on just one set of sub-national constitutions, their broad functions make his thesis relevant to those wanting to understand institutional variation between nations.
Book Synopsis Our National Constitution by : Daniel Agnew
Download or read book Our National Constitution written by Daniel Agnew and published by . This book was released on 1863 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
