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Constitutional Culture And Democratic Rule
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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.
Book Synopsis Political Culture and Constitutionalism: A Comparative Approach by : Daniel P. Franklin
Download or read book Political Culture and Constitutionalism: A Comparative Approach written by Daniel P. Franklin and published by Routledge. This book was released on 2016-09-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.
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
Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Book Synopsis Constitutional Democracy by : Fred Eidlin
Download or read book Constitutional Democracy written by Fred Eidlin and published by Routledge. This book was released on 2019-03-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: A frequent criticism of contemporary political science is that empirical research too seldom is combined with in-depth inquiry into the philosophical, historical, and legal foundations of the societies it seeks to understand. Others suggest that political scientists specializing in U.S. government too rarely collaborate with those who study other countries. The contributions in this volume belie these claims. The authors, all colleagues, students, and friends of Henry W. Ehrmann, represent the U.S., France, Germany, and Canada, the four countries in which Dr. Ehrmann has lived. The essays reflect the breadth and scope of Ehrmann's work as a teacher, scholar, and political activist. The contributions to this volume cover a broad range of topics, among them political theory and methodology of comparative politics and the interrelationships of economic, social, historical, and political developments, and include theoretically oriented studies of such problems as interest group politics, political culture, and parties. Integrating constitutional law and political philosophy with comparative sociological and historical research and theory, Henry Ehrmann's approach to teaching and research sets an excellent example for the contemporary study of political science.
Book Synopsis Constitutional Cultures by : Mirosław Wyrzykowski
Download or read book Constitutional Cultures written by Mirosław Wyrzykowski and published by . This book was released on 2000 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
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 361 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.
Book Synopsis A Machine That Would Go of Itself by : Russell Fraser
Download or read book A Machine That Would Go of Itself written by Russell Fraser and published by Routledge. This book was released on 2017-07-12 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Pulitzer Prize-winning historian Michael Kammen explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time. As he examines what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence most of us neither know nor fully understand our Constitution. How did this gap between ideal and reality come about? To explain it, Kammen examines the complex and contradictory feelings about the Constitution that emerged during its preparation and that have been with us ever since. He begins with our confusion as to the kind of Union we created, especially with regard to how much sovereignty the states actually surrendered to the central government. This confusion is the source of the constitutional crisis that led to the Civil War and its aftermath. Kammen also describes and analyzes changing perceptions of the differences and similarities between the British and American constitutions; turn-of-the-century debates about states' rights versus national authority; and disagreements about how easy or difficult it ought to be to amend the Constitution. Moving into the twentieth century, he notes the development of a "cult of the Constitution" following World War I, and the conflict over policy issues that persisted despite a shared commitment to the Constitution.
Book Synopsis Proportionality and Constitutional Culture by : Moshe Cohen-Eliya
Download or read book Proportionality and Constitutional Culture written by Moshe Cohen-Eliya and published by Cambridge University Press. This book was released on 2013-06-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparison of proportionality, the dominant doctrine in constitutional law worldwide, with the American doctrine of balancing.
Book Synopsis Constitutional Democracy by : J nos Kis
Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Book Synopsis Constitutionalism by : Joakim Nergelius
Download or read book Constitutionalism written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project "Konstitutionalism, demokrati och den nordiska valfardsstaten" (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.
Download or read book Regenerating Our Society written by and published by . This book was released on 2014 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Author :Juliano Zaiden Benvindo Publisher :Springer Science & Business Media ISBN 13 :3642114342 Total Pages :433 pages Book Rating :4.6/5 (421 download)
Book Synopsis On the Limits of Constitutional Adjudication by : Juliano Zaiden Benvindo
Download or read book On the Limits of Constitutional Adjudication written by Juliano Zaiden Benvindo and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Book Synopsis Limits to Democratic Constitutionalism in Central and Eastern Europe by : Bogusia Puchalska
Download or read book Limits to Democratic Constitutionalism in Central and Eastern Europe written by Bogusia Puchalska and published by Ashgate Publishing, Ltd.. This book was released on 2011 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and lawmaking in constitutional moments should be politically, and not just constitutionally legitimate. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
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.
