[PDF] Democratic Constitution Making eBook

Author : Donald L. Horowitz
Publisher : Yale University Press
Page : 284 pages
File Size : 29,46 MB
Release : 2021-01-01
Category : Political Science
ISBN : 0300254369

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From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.

Author : Axel Hadenius
Publisher : Cambridge University Press
Page : 298 pages
File Size : 42,40 MB
Release : 1997-08-28
Category : Political Science
ISBN : 9780521573115

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Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.

Author : Tom Ginsburg
Publisher : University of Chicago Press
Page : 306 pages
File Size : 24,57 MB
Release : 2018-10-05
Category : Law
ISBN : 022656438X

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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.

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 265 pages
File Size : 22,4 MB
Release : 2020-09-17
Category : Law
ISBN : 1108839843

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This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.

Author : Devra C. Moehler
Publisher : University of Michigan Press
Page : 266 pages
File Size : 18,23 MB
Release : 2008
Category : History
ISBN : 9780472069934

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Author : Serdar Tekin
Publisher : University of Pennsylvania Press
Page : 208 pages
File Size : 49,63 MB
Release : 2016-04-26
Category : Philosophy
ISBN : 081229291X

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All democratic constitutions feature "the people" as their author and ultimate source of legitimacy. They claim to embody the political form that citizens are in some sense supposed to have given themselves. But in what sense, exactly? When does a constitution really or genuinely speak for the people? Such questions are especially pertinent to our present condition, where the voice of "the people" turns out to be irrevocably fragmented, and people themselves want to speak and be heard in their own voices. Founding Acts explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age. Serdar Tekin argues that the process of making a constitution, or its pedigree, is as morally and politically significant as its content. Consequently, democratic constitution-making is not only about making a democratic constitution but also about making it, as much as possible, democratically. Tekin develops two overarching arguments in support of this claim. First, citizen participation in the process of constitution-making is essential to the democratic legitimacy of a new constitution. Second, collective action, that is, the political experience of constructing public life together, is what binds diverse people into a democratic peoplehood. Bringing into dialogue a wide range of canonical and contemporary thinkers, Tekin examines historical realities extending from revolutionary America and France to contemporary South Africa and Germany.

Author : Stephen Breyer
Publisher : Vintage
Page : 176 pages
File Size : 39,26 MB
Release : 2007-12-18
Category : Political Science
ISBN : 0307424618

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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.