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The people themselves : popular constitutionalism and judicial review
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ISBN: 9780195306453 0195306457 Year: 2004 Publisher: Oxford Oxford University Press

American sovereigns : the people and America's constitutional tradition before the Civil War
Author:
ISBN: 9780521881883 9780511800580 9780521125604 Year: 2008 Volume: *1 Publisher: Cambridge Cambridge University Press

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Ruling by cheating : governance in illiberal democracy
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ISBN: 9781108952996 9781108844635 9781108948630 Year: 2021 Publisher: Cambridge Cambridge University Press

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"There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analyzing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in "mature democracies" that are justified in the name of "the will of the people," this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian, and "patriotic" constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive- and constitute an abuse of constitutionalism and the rule of law, not a different conception of these ideas"--


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Rule of law vs majoritarian democracy
Authors: --- ---
ISBN: 9781509936854 9781509936861 9781509948376 150993684X 1509948376 9781509936847 Year: 2023 Publisher: Oxford ; New York ; Dublin : Hart,

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What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.


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Le concept de peuple
Author:
ISBN: 9064395217 9789064395215 Year: 1988 Publisher: Bruxelles : E. Story-Scientia,


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Introduction à la théorie générale de l'Etat : manuel
Authors: ---
ISBN: 9782807914018 Year: 2020 Publisher: Bruxelles : Larcier,

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