Download or read book Do Democracy Clauses Matter written by Taeko Hiroi and published by . This book was released on 2015 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the mechanisms by which democracy clauses promote democracy and domestic political stability. It begins by noting that political instability in one country can have a negative spillover and impede the economic success of regional integration. Domestic political instability may also hinder cooperation among member states. Thus, domestic political stability is a collective good for regional integration organization (RIO) member states. Legalizing democratic conditionality helps member states to overcome collective action problems and equips RIOs with the necessary credibility, justification, and tools for intervention in member states' domestic political affairs. In addition, RIOs deepen economic integration among member states, which in turn raises the stakes for the member states to collectively defend democratic institutions and inflates the costs of sanctions for countries under threat. We test the main arguments using data gathered for 40 RIOs in the world. The econometric analyses of RIO coup rates and democratic backsliding rates demonstrate that democracy clauses are indeed effective in preventing coups and backsliding within countries that are members of RIOs with such clauses. Moreover, an analysis of democratic gains indicates that democracy clauses are also effective in the promotion of democracy within RIO member states.
Download or read book Do Democracy Clauses Matter written by Gaspare M. Genna and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the mechanisms by which democracy clauses promote democracy and domestic political stability. It begins by noting that political instability in one country can have a negative spillover and impede the economic success of regional integration. Domestic political instability may also hinder cooperation among member states. Thus, domestic political stability is a collective good for regional integration organization (RIO) member states. Legalizing democratic conditionality helps member states to overcome collective action problems and equips RIOs with the necessary credibility, justification, and tools for intervention in member states' domestic political affairs. In addition, RIOs deepen economic integration among member states, which in turn raises the stakes for the member states to collectively defend democratic institutions and inflates the costs of sanctions for countries under threat. We test the main arguments using data gathered for 40 RIOs in the world. The econometric analyses of RIO coup rates and democratic backsliding rates demonstrate that democracy clauses are indeed effective in preventing coups and backsliding within countries that are members of RIOs with such clauses. Moreover, an analysis of democratic gains indicates that democracy clauses are also effective in the promotion of democracy within RIO member states.
Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-04 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Download or read book Regional Integration and Democratic Conditionality written by Gaspare M. Genna and published by Routledge. This book was released on 2014-12-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How effective are democracy clauses of regional integration organizations (RIOs) in promoting democratization and democratic consolidation among member-states? RIOs are increasingly adopting "democracy only" clauses in their treaties, requiring democracy and political stability as a condition of membership. Stable democracy is a collective good for RIO members; without political stability, uncertainty regarding economic exchange increases, undermining the promise of integration. The presence of powerful countries may be necessary for the RIOs to legalize democratic conditionality. In this book, the authors argue that once established democracy clauses exert an independent influence in promoting and defending democratic norms and institutions within the member-states by increasing the transparency and credibility of democratic commitment and sanctions for violation. The findings based on the analysis of 40 RIOs around the world and in-depth analysis of the European Union, the Common Market of the South, and the Economic Community of West African States indicate that RIO democracy clauses help prevent democratic backsliding and coups and stimulate democratization and consolidation. With its global scope, originality, and theoretical rigor, this is the first book to catalogue democracy clauses adopted by RIOs worldwide with a thorough analysis of their effectiveness.
Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Living in Democracy written by Rolf Gollob and published by Council of Europe. This book was released on 2008-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a manual for teachers in Education for Democratic Citizenship (EDC) and Human Rights Education (HRE), EDC/HRE textbook editors and curriculum developers. Nine teaching units of approximately four lessons each focus on key concepts of EDC/HRE. The lesson plans give step-by-step instructions and include student handouts and background information for teachers. In this way, the manual is suited for trainees or beginners in the teaching profession and teachers who are receiving in-service teacher training in EDC/HRE. The complete manual provides a full school year's curriculum for lower secondary classes, but as each unit is also complete in itself, the manual allows great flexibility in use. The objective of EDC/HRE is the active citizen who is willing and able to participate in the democratic community. Therefore EDC/HRE strongly emphasize action and task-based learning.
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Fifteen cardinal principles of Democracy approved and published as the result of several meetings of the British Democratic Convention held in Grafton Hall Soho London during the winter of 1873 Reported by T Mooney written by British Democratic Convention (LONDON) and published by . This book was released on 1874 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Election Law written by Gardner, James A. and published by Edward Elgar Publishing. This book was released on 2022-04-21 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely research handbook offers a systematic and comprehensive examination of the election laws of democratic nations. Through a study of a range of different regimes of election law, it illuminates the disparate choices that societies have made concerning the benefits they wish their democratic institutions to provide, the means by which such benefits are to be delivered, and the underlying values, commitments, and conceptions of democratic self-rule that inform these choices.
Download or read book Democracy Despite Itself written by Benjamin A. Schupmann and published by Oxford University Press. This book was released on 2024-05-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy is in decline, largely because of the legal actions of anti-democratic actors working within the system. Incorporating the work of John Rawls and Carl Schmitt, Democracy despite Itself argues that tactics of militant democracy, including constitutional entrenchment, offer protection against the dissolution of liberal democracy.
Download or read book Matters of Principle written by Richard S. Markovits and published by NYU Press. This book was released on 1998-07 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is generally believed to be a liberal, rights-based culture. In such a society, Richard S. Markovits asserts, arguments of moral principle are the dominant type of legitimate legal argument. Markovits analyzes various rights associated with our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, Matters of Principle is a deeply engaged and thoughtful work, certain to be controversial and much debated.
Download or read book America s New Democracy written by Morris P. Fiorina and published by Longman Publishing Group. This book was released on 2003 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: 25% less expensive than other brief texts, and 20% shorter than the previous edition, this book is an excellent option for professors who want to use supplementary texts, readings, or periodicals. Written in a strong narrative voice and brimming with student-relevant examples, the second edition of "America""'s New Democracy" provides a focused and stimulating treatment of politics in the United States. Illustrating popular influence across the political system in defense of a central theme-that elections matter more in America's political system today than they have in the past or do in other democracies-the book challenges the pessimistic view that government seldom listens to ordinary people. "America's New Democracy" encourages readers to see that in a system where votes are the main currency, both power and responsibility rest on the shoulders of "all" citizens.
Download or read book Democracy Rules written by Jan-Werner Müller and published by Farrar, Straus and Giroux. This book was released on 2021-07-06 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.
Download or read book The Notwithstanding Clause and the Canadian Charter written by Peter L. Biro and published by McGill-Queen's Press - MQUP. This book was released on 2024-04-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
Download or read book Democracy Assistance written by Peter Burnell and published by Routledge. This book was released on 2013-10-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of how Western governments support democracy worldwide considers how countries use this aid. Attention is paid to post-conflict situations and semi-authoritarian regimes where democratization has stalled, and international support of democratic decentralization is assessed.
Download or read book Constitutionalism and Democracy written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
