Constitutions In Crisis

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Crisis of the Two Constitutions

Author : Charles R. Kesler
Publisher : Encounter Books
ISBN 13 : 1641771038
Total Pages : 372 pages
Book Rating : 4.6/5 (417 download)

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Book Synopsis Crisis of the Two Constitutions by : Charles R. Kesler

Download or read book Crisis of the Two Constitutions written by Charles R. Kesler and published by Encounter Books. This book was released on 2021-02-16 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.

Constitutions in Times of Financial Crisis

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9781108729208
Total Pages : 342 pages
Book Rating : 4.7/5 (292 download)

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Book Synopsis Constitutions in Times of Financial Crisis by : Tom Ginsburg

Download or read book Constitutions in Times of Financial Crisis written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2022-06-30 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

Constitutional Democracy in Crisis?

Author : Mark A. Graber
Publisher : Oxford University Press
ISBN 13 : 0190889004
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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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."

The Crisis of the Middle-Class Constitution

Author : Ganesh Sitaraman
Publisher : Vintage
ISBN 13 : 0451493923
Total Pages : 433 pages
Book Rating : 4.4/5 (514 download)

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Book Synopsis The Crisis of the Middle-Class Constitution by : Ganesh Sitaraman

Download or read book The Crisis of the Middle-Class Constitution written by Ganesh Sitaraman and published by Vintage. This book was released on 2017-03-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

Constitutions in the Global Financial Crisis

Author : Xenophon Contiades
Publisher : Routledge
ISBN 13 : 1317161610
Total Pages : 338 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Constitutions in the Global Financial Crisis by : Xenophon Contiades

Download or read book Constitutions in the Global Financial Crisis written by Xenophon Contiades and published by Routledge. This book was released on 2016-05-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.

The Constitution in Crisis Times, 1918-1969

Author : Paul L. Murphy
Publisher : HarperCollins Publishers
ISBN 13 :
Total Pages : 616 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis The Constitution in Crisis Times, 1918-1969 by : Paul L. Murphy

Download or read book The Constitution in Crisis Times, 1918-1969 written by Paul L. Murphy and published by HarperCollins Publishers. This book was released on 1972 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses fifty years of constitutional development against a background of shifting national moods and public pressures.

Not a Suicide Pact

Author : Richard A. Posner
Publisher : Oxford University Press
ISBN 13 : 0195304276
Total Pages : 186 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Not a Suicide Pact by : Richard A. Posner

Download or read book Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.

Constitutionalism Under Extreme Conditions

Author : Richard Albert
Publisher : Springer Nature
ISBN 13 : 3030490009
Total Pages : 445 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Constitutionalism Under Extreme Conditions by : Richard Albert

Download or read book Constitutionalism Under Extreme Conditions written by Richard Albert and published by Springer Nature. This book was released on 2020-09-24 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Popular Sovereignty and the Crisis of German Constitutional Law

Author : Peter C. Caldwell
Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis Popular Sovereignty and the Crisis of German Constitutional Law by : Peter C. Caldwell

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Long Wars and the Constitution

Author : Stephen M. Griffin
Publisher : Harvard University Press
ISBN 13 : 0674074459
Total Pages : 375 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Long Wars and the Constitution by : Stephen M. Griffin

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Europe's Second Constitution

Author : Markus W. Gehring
Publisher : Cambridge University Press
ISBN 13 : 1108487963
Total Pages : 439 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Europe's Second Constitution by : Markus W. Gehring

Download or read book Europe's Second Constitution written by Markus W. Gehring and published by Cambridge University Press. This book was released on 2020-09-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.

New Democracies in Crisis?

Author : Paul Blokker
Publisher : Routledge
ISBN 13 : 1134469373
Total Pages : 215 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis New Democracies in Crisis? by : Paul Blokker

Download or read book New Democracies in Crisis? written by Paul Blokker and published by Routledge. This book was released on 2013-09-05 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.

The Legal Basis for a Moral Constitution

Author : Jenna Ellis Esq.
Publisher : WestBow Press
ISBN 13 : 151272274X
Total Pages : 249 pages
Book Rating : 4.5/5 (127 download)

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Book Synopsis The Legal Basis for a Moral Constitution by : Jenna Ellis Esq.

Download or read book The Legal Basis for a Moral Constitution written by Jenna Ellis Esq. and published by WestBow Press. This book was released on 2015-12-22 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land? In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America’s Founding Documents in objective morality and how our system of government is founded upon the Christian worldview and God’s unchanging law, not a secular humanist worldview. She provides a unique perspective of the Founding Fathers as lawyers and how they understood the legitimate authority of biblical truth and appealed directly to God’s law for the foundation of America. Weaving together the legal history and underpinning worldview shifts in American culture, Ellis advocates how Christians must change the basic reasoning of our appeal and effectively engage our culture. Finally, she proposes the solution to reclaim objective, biblical morality in law that the Founders themselves provided for through Article V of the U.S. Constitution. This book is for every Christian who seeks to understand the times and our constitutional and cultural crisis.

Framed

Author : Sanford Levinson
Publisher : Oxford University Press
ISBN 13 : 0199890757
Total Pages : 448 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Framed by : Sanford Levinson

Download or read book Framed written by Sanford Levinson and published by Oxford University Press. This book was released on 2012-04-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author examines the U.S. Constitution, as well as state constitutions, and questions the capacity of these documents to meet contemporary challenges.

Permanent States of Emergency and the Rule of Law

Author : Alan Greene
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906169
Total Pages : 386 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Permanent States of Emergency and the Rule of Law by : Alan Greene

Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Democracy in Crisis

Author : Robert Goodrich
Publisher : UNC Press Books
ISBN 13 : 1469665557
Total Pages : 194 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Democracy in Crisis by : Robert Goodrich

Download or read book Democracy in Crisis written by Robert Goodrich and published by UNC Press Books. This book was released on 2022-12-07 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy in Crisis explores one of the world's greatest failures of democracy in Germany during the so-called Weimar Republic, 1919–33—a failure that led to the Third Reich. For more than a decade after World War I, liberalism, nationalism, conservatism, social democracy, Christian democracy, communism, fascism, and every variant of these movements struggled for power. Although Germany's constitutional framework boldly enshrined liberal democratic values, the political spectrum was so broad and fully represented that a stable parliamentary majority required constant negotiations. The compromises that were made subsequently alienated citizens, who were embittered by national humiliation in the war and the ensuing treaty and struggling to survive economic turmoil and rapidly changing cultural norms. As positions hardened, the door was opened to radical alternatives. In this game, students, as delegates of the Reichstag (parliament), must contend with intense parliamentary wrangling, uncontrollable world events, street fights, assassinations, and insurrections. The game begins in late 1929, just after the U.S. stock market crash, as the Reichstag deliberates the Young Plan (a revision to the Treaty of Versailles that ended World War I). Students belonging to various political parties must debate these matters and more as the combination of economic stress, political gridlock, and foreign pressure turn Germany into a volcano on the verge of eruption.

Revolutionary Constitutions

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674238842
Total Pages : 473 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Revolutionary Constitutions by : Bruce Ackerman

Download or read book Revolutionary Constitutions written by Bruce Ackerman and published by Harvard University Press. This book was released on 2019-05-13 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.