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Book
Power to the people : constitutionalism in the age of populism
Authors: ---
ISBN: 9780197606711 9780197606735 9780197606728 9780197606742 0197606725 0197606741 0197606733 0197606717 Year: 2021 Publisher: New York, N.Y. Oxford University Press

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Abstract

'Power to the People' proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism - and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.


Book
The cycles of constitutional time
Author:
ISBN: 0197531008 0197531024 9780197531006 0197531016 9780197530993 0197530990 0197530990 9780197530993 Year: 2020 Publisher: New York: Oxford University Press,

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Abstract

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.


Book
Social and political foundations of constitutions
Authors: ---
ISBN: 1139891448 1107424399 1107422442 1107419360 1107546087 1107416698 1107420555 1139507508 1107418062 9781107416697 9781139507509 9781107419360 9781107032880 1107032881 1306071984 Year: 2013 Publisher: New York

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Abstract

This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.


Book
Patterns of constitutional design : the role of citizens and elites in constitution-making
Authors: ---
ISBN: 1317083059 1317083040 1409460894 9781409460893 9781409460886 1299758959 9781299758957 1409460886 9781317083054 9781317083047 9781315599762 9781317083030 9781138267190 1315599767 147240775X Year: 2013 Publisher: Farnham: Ashgate,

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Abstract

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

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