Constitutional Crowdsourcing

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430517
Total Pages : 192 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Constitutional Crowdsourcing by : Abat i Ninet, Antoni

Download or read book Constitutional Crowdsourcing written by Abat i Ninet, Antoni and published by Edward Elgar Publishing. This book was released on 2021-11-23 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

Comparative Constitution Making

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365266
Total Pages : 624 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitution Making by : David Landau

Download or read book Comparative Constitution Making written by David Landau and published by Edward Elgar Publishing. This book was released on 2019 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

The Veil of Participation

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Publisher : Cambridge University Press
ISBN 13 : 1108840078
Total Pages : 241 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Veil of Participation by : Alexander Hudson

Download or read book The Veil of Participation written by Alexander Hudson and published by Cambridge University Press. This book was released on 2021-05-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.

Constitutional Self-Government

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Author :
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.

How to Save a Constitutional Democracy

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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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 tenure of Donald Trump has seemed 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? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? 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 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 for the United States, Ginsburg and Huq contend, is that the 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 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. 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.

A Constitution for the Living

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Author :
Publisher : Stanford University Press
ISBN 13 : 1503627543
Total Pages : 399 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis A Constitution for the Living by : Beau Breslin

Download or read book A Constitution for the Living written by Beau Breslin and published by Stanford University Press. This book was released on 2021-04-20 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over the state of American politics, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. Readers are invited to join the Founders in candlelit taverns where, over glasses of wine, they debated fundamental issues; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, enact an alternate account through startling and revealing conversations; and to attend a Constitutional Convention taking place in the present day. These possibilities come to life in the book's prose, with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.

The Constitutional Bind

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022635086X
Total Pages : 818 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Constitutional Bind by : Aziz Rana

Download or read book The Constitutional Bind written by Aziz Rana and published by University of Chicago Press. This book was released on 2024-04-16 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of how Americans came to revere the Constitution and what this reverence has meant domestically and around the world. Some Americans today worry that the Federal Constitution is ill-equipped to respond to mounting democratic threats and may even exacerbate the worst features of American politics. Yet for as long as anyone can remember, the Constitution has occupied a quasi-mythical status in American political culture, which ties ideals of liberty and equality to assumptions about the inherent goodness of the text’s design. The Constitutional Bind explores how a flawed document came to be so glorified and how this has impacted American life. In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home. Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights.

Recapturing the Constitution

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Author :
Publisher : Regnery Publishing
ISBN 13 : 9780895264923
Total Pages : 420 pages
Book Rating : 4.2/5 (649 download)

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Book Synopsis Recapturing the Constitution by : Stephen B. Presser

Download or read book Recapturing the Constitution written by Stephen B. Presser and published by Regnery Publishing. This book was released on 1994-10-06 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presser makes a compelling case that the original understanding of the Constitution was that religion, morality, and law were inextricably connected.--Forrest McDonald

Constitutional Processes and Democratic Commitment

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Author :
Publisher : Yale University Press
ISBN 13 : 0300258097
Total Pages : 284 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz

Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021-08-03 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution†‘writing.

Constitutional Illusions and Anchoring Truths

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521732085
Total Pages : 281 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Constitutional Illusions and Anchoring Truths by : Hadley Arkes

Download or read book Constitutional Illusions and Anchoring Truths written by Hadley Arkes and published by Cambridge University Press. This book was released on 2010-05-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.

A Community Built on Words

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226677222
Total Pages : 263 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis A Community Built on Words by : H. Jefferson Powell

Download or read book A Community Built on Words written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2005-05-01 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: H. Jefferson Powell offers a powerful new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or the many ways in which constitutional arguments and outcomes are shaped both by historical circumstances and by the political goals and commitments of various actors, including judges. The presence of such influences is often considered highly problematic: if constitutional law is political and historical through and through, then what differentiates it from politics per se, and what gives it integrity and coherence? Powell argues that constitutional theory has as its (sometimes hidden) agenda the ambition of showing how constitutional law can escape from history and politics, while much constitutional history seeks to identify an historically true meaning of the constitutional text that, once uncovered, can serve as a corrective to subsequent deviations from that truth. Combining history and theory, Powell analyzes a series of constitutional controversies from 1790 to 1944 to demonstrate that constitutional law from its very beginning has involved politically charged and ideologically divisive arguments. Nowhere in our past can one find the golden age of apolitical constitutional thinking that a great deal of contemporary scholarship seeks or presupposes. Viewed over time, American constitutional law is a history of political dispute couched in constitutional terms. Powell then takes his conclusions one step further, claiming that it is precisely this historical tradition of argument that has given American constitutional law a remarkable coherence and integrity over time. No matter what the particular political disputes of the day might be, constitutional argument has provided a shared language through which our political community has been able to fight out its battles without ultimately fracturing. A Community Built on Words will be must reading for any student of constitutional history, theory, or law.

Constitutional Deliberative Democracy in Europe

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Publisher : ECPR Press
ISBN 13 : 1785522027
Total Pages : 273 pages
Book Rating : 4.7/5 (855 download)

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Book Synopsis Constitutional Deliberative Democracy in Europe by : Min Reuchamps

Download or read book Constitutional Deliberative Democracy in Europe written by Min Reuchamps and published by ECPR Press. This book was released on 2017-07-31 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: From small-scale experiments, deliberative mini-publics have recently taken a constitutional turn in Europe. Iceland and Ireland have turned to deliberative democracy to reform their constitutions. Estonia, Luxembourg and Romania have also experienced constitutional process in a deliberative mode. In Belgium the G1000, a citizen-led initiative of deliberative democracy, has fostered a wider societal debate about the role and place of citizens in the country's democracy. At the same time, European institutions have introduced different forms of deliberative democracy as a way to connect citizens back in. These empirical cases are emblematic of a possibly constitutional turn in deliberative democracy in Europe. The purpose of this book is to critically assess these developments, bringing together academics involved in the designing of these news forms of constitutional deliberative democracy with the theorists who propagated the ideas and evaluated democratic standards.

The Writing and Ratification of the U.S. Constitution

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Author :
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442217707
Total Pages : 294 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis The Writing and Ratification of the U.S. Constitution by : John R. Vile

Download or read book The Writing and Ratification of the U.S. Constitution written by John R. Vile and published by Rowman & Littlefield Publishers. This book was released on 2012-07-13 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Writing and Ratification of the U.S. Constitution: Practical Virtue in Action examines the events surrounding the development of the U.S. Constitution. Setting these events within the context of the colonial conflict with Britain and the experience with state constitutions under the Articles of Confederation, John R. Vile discusses the delegates who attended the Constitutional Convention of 1787, the major plans and proposals that delegates offered, and the arguments that delegates made both in the Convention and in subsequent state ratifying debates that ultimately led to the adoption of the U.S. Bill of Rights. Vile contends that the Convention and subsequent ratifying conventions were not mere exercises in political theory but practical attempts to formulate a workable government that all the states would ratify. Focusing chiefly on records of debates at the Convention, the book is a legal brief, identifying key facts, issues, arguments, and compromises, and providing a unique window into the contestation surrounding this keystone American political moment. This book is perfect for scholars and students in the field of American political history and development.

Icelandic Constitutional Reform

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Author :
Publisher : Routledge
ISBN 13 : 1351031880
Total Pages : 274 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Icelandic Constitutional Reform by : Ágúst Þór Árnason

Download or read book Icelandic Constitutional Reform written by Ágúst Þór Árnason and published by Routledge. This book was released on 2020-10-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland’s innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on ‘the people,’ which attracted international attention as ‘crowdsourcing.’ Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland’s identity. The final part reflects on the reform’s wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward. The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland’s experience and their far-reaching implications.

Constitutional Ratification without Reason

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Author :
Publisher : Oxford University Press
ISBN 13 : 019259348X
Total Pages : 401 pages
Book Rating : 4.1/5 (925 download)

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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.

Constitutional Government

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Author :
Publisher :
ISBN 13 : 9780787256715
Total Pages : 566 pages
Book Rating : 4.2/5 (567 download)

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Book Synopsis Constitutional Government by : James Allan Curry

Download or read book Constitutional Government written by James Allan Curry and published by . This book was released on 1999 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Codification of Administrative Procedure

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Author :
Publisher : Primento
ISBN 13 : 2802743791
Total Pages : 388 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Codification of Administrative Procedure by : Jean-Bernard Auby

Download or read book Codification of Administrative Procedure written by Jean-Bernard Auby and published by Primento. This book was released on 2013-11-27 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law on administrative procedure regulates the processes through which administrative decisions and administrative projects are elaborated. It is more and more regarded as essential in administrative laws: it is really considered as the central part of it in some systems. In many jurisdictions, rules concerning administrative procedure are codified, gathered in a single piece of general legislation: in a few, it remains non codified. The book is made of the different contributions presented on the topic to the last congress of the International Academy of International Law (Taipei, 2012): national reports on twenty countries and a general report. These contributions examine the way administrative procedure became codified, the obstacles which had to be overcome, the main orientations of the codes, their evolution in time; alternatively, they explain why administrative procedure is not codified. Providing extensive materials on an issue which is a concern in many administrative laws and many administrative systems, the book is intended for all searchers and experts in administrative law and public management, whether academics or practitioners.