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ISBN: 0197531008 0197531024 9780197531006 0197531016 9780197530993 0197530990 0197530990 9780197530993 Year: 2020 Publisher: New York: Oxford University Press,
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America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can.
Constitutional law --- Political aspects --- Political aspects. --- United States --- Politics and government --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Constitutional law - Political aspects - United States --- Etats-Unis --- United States - Politics and government - 2017 --- -Constitutional law
Book
ISBN: 1317083059 1317083040 1409460894 9781409460893 9781409460886 1299758959 9781299758957 1409460886 9781317083054 9781317083047 9781315599762 9781317083030 9781138267190 1315599767 147240775X Year: 2013 Publisher: Farnham, Surrey ; Burlington, Vt. : Ashgate,
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Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitutio
Constitutional law --- Conflict management --- Democratization. --- Political participation --- Citizen participation --- Community action --- Community involvement --- Community participation --- Involvement, Community --- Mass political behavior --- Participation, Citizen --- Participation, Community --- Participation, Political --- Political activity --- Political behavior --- Political rights --- Social participation --- Political activists --- Politics, Practical --- Democratic consolidation --- Democratic transition --- Political science --- New democracies --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Political aspects. --- Social aspects. --- Citizen participation. --- Interpretation and construction --- Democratization --- Political aspects --- Social aspects --- Constitutional law - Political aspects --- Constitutional law - Social aspects --- Constitutional law - Citizen participation --- Conflict management - Political aspects --- Political participation - Social aspects
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