Download or read book Democratic Consolidation and Constitutional Endurance in Asia and Africa written by Tom Gerald Daly and published by Oxford University Press. This book was released on 2024-01-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? Democratic Consolidation and Constitutional Endurance in Asia and Africa is a well-articulated response to the growing scholarly conversation on democratic backsliding and resilience. Bringing together leading and emerging voices in constitutional law, this groundbreaking new collection considers recent democratising events in Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Across seven thematic chapters and seven case studies, the volume provides analytical insight into central topics arising from these events, including the role of political parties which depart from 'Western' frameworks; the often-marginalised place of courts; the centrality of civil-military relations; the explanatory power of constitutional culture; and the impact of the COVID-19 pandemic. Offering a decolonising approach to constitutional law and democratisation studies, this book will be of keen interest to scholars, practitioners, and policymakers alike. It is essential reading for anyone seeking to understand the relationship between democratic decay and institutional endurance, and how such a relationship plays out in conditions of ongoing constitutional development.

Download or read book Constitutions and Democratic Consolidation written by Thomas C. Bruneau and published by . This book was released on 1989 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Report analyzes the Brazilian experience in formulating a new constitution in 1987- 1988 in comparative perspective with Portugal and Spain. It is demonstrated how the political actors in Brazil participated in the Constituent Assembly in order to ensure their interests in the basic document. Due to the political dynamics of the period and the severe economic crisis, the Assembly was extremely open, or porous, and the resulting document is long (315 articles), detailed, and extremely ambitious. There is some question, however, whether the political structures and economic resources will allow for a substantial implementation of the Constitution. (fr).

Download or read book Democratic Consolidation in Eastern Europe Volume 1 Institutional Engineering written by Jan Zielonka and published by Oxford University Press. This book was released on 2001 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

Download or read book Elites and Democratic Consolidation in Latin America and Southern Europe written by John Higley and published by Cambridge University Press. This book was released on 1992 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished group of scholars examine recent transitions to democracy and the prospects for democratic stability in Argentina, Brazil, Chile, the Dominican Republic, Peru, Portugal, Spain and Uruguay. They also assess the role of elites in the longer-established democratic regimes in Columbia, Costa Rica, Italy, Mexico and Venezuela. The authors conclude that in independent states with long records of political instability and authoritarian rule, democratic consolidation requires the achievement of elite 'consensual unity' - that is, agreement among all politically important elites on the worth of existing democratic institutions and respect for democratic rules-of-the-game, coupled with increased 'structural integration' among those elites. Two processes by which consensual unity can be established are explored - elite settlement, the negotiating of compromises on basic disagreements, and elite convergence, a more subtle series of tactical decisions by rival elites which have cumulative effect, over perhaps a generation.

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? 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 either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But 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.

Download or read book Constitutional Frameworks and Democratic Consolidation written by Alfred C. Stepan and published by . This book was released on 1993 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Limits to Democratic Constitutionalism in Central and Eastern Europe written by Bogusia Puchalska and published by Routledge. This book was released on 2016-05-06 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Download or read book Democratic Transition and Consolidation in Southern Europe Latin America and Southeast Asia written by Diane Ethier and published by Palgrave Macmillan. This book was released on 1990-10-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The breakdown of authoritarian regimes in Greece, Spain and Portugal in the mid-70s was the beginning of a new cycle of democratization at the world scale. The 1980s have seen the emergence of formal, constitutional democracies in many countries, especially in Latin America and Southeast Asia. This book analyses in a comparative perspective the causes, the modalities and the prospects of these political changes in three regions: Southern Europe, Latin America and Southeast Asia.

Download or read book Democratic Consolidation in Eastern Europe Volume 1 Institutional Engineering written by Jan Zielonka and published by OUP Oxford. This book was released on 2001-06-14 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

Download or read book Issues in Democratic Consolidation written by Scott Mainwaring and published by University of Notre Dame Press. This book was released on 1992 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1974 there has been an unprecedented wave of democratization in the world. This trend has been particularly extensive in South America. But the problems confronting these new democracies are staggering, and the prospects for building consolidated democratic regimes are far from uniformly good. Focusing primarily on recent South American cases, Issues in Democratic Consolidation examines some of the difficulties of constructing consolidated democracies and provides a critical examination of the major issues involved. A prominent theme running through this collection is that the transitions from authoritative rule to civilian government may be arrested by political, economic, and social constraints. The articles contain analyses of the varied modalities and complex processes related to the transitions. The first transition begins with the initial stirrings of crisis under authoritarian rule that generate some form of political opening and greater respect for basic civil rights, and ends with the establishment of a government elected in an open, competitive contest. The volume's primary focus, however, is on the second transition, which begins with the inauguration of a democratic government and ends-if all goes well-with the establishment of a consolidated democratic regime.

Download or read book Designs for Democratic Stability written by Abdo I. Baaklini and published by Routledge. This book was released on 2016-06-16 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1980s and the collapse of communist, military, and race-based regimes across the world, the euphoria has given way to the question of how to enhance the viability of democratic constitutional government. This text covers this issue.

Download or read book Problems of Democratic Transition and Consolidation written by Juan J. Linz and published by JHU Press. This book was released on 1996-08-16 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Actors and contexts

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Download or read book Consolidation of Democracy in Africa written by Hussein Solomon and published by Routledge. This book was released on 2017-11-22 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: The continent of Africa is undergoing great change. While on the one hand there is talk of a re-awakening of Africa or Renaissance various countries in Africa are still plagued by poverty, intra- and interstate violence. In some countries the legacy of neo-colonialism and under development contributed to social strife and the potential criminalization of the State. This book addresses the topic of democratization and sustainable democracy in Africa against this background.