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 The Genius of America written by Eric Lane and published by Bloomsbury Publishing USA. This book was released on 2010-08-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to a combination of heightened frustration, moves to skirt the constitutional process, and a widespread disconnect between the people and their constitutional "conscience," Lane and Oreskes warn us our longstanding Democracy is at risk. Together, they examine the Constitution's history relative to this current crisis, from its framing to its centuries-long success, including during some of the country's most turbulent and contentious times, and challenge us to let this great document work as it was designed-valuing political process over product. They hold our leaders accountable, calling on them to stop fanning the flames of division and to respect their institutional roles. In the final assessment, The Genius of America asks us to lean on the framers and their experience to secure our country's wellbeing.

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Download or read book How to Save the Constitution written by Paul B. Skousen and published by Izzard Ink Publishing. This book was released on 2019-09-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Founding Fathers’ vision for America is under attack—and you can save it. America is a nation unique in the world, a government born under the radical idea of working for the people—not just for a powerful few. Our blueprint? The U.S. Constitution, a brilliant framework of common-sense rules necessary for self-governance. It works no matter which political party is in power. But for more than 150 years, the moral code upon which the Constitution was built has suffered neglect and decay. Millions of Americans have watched this unraveling and longed for a way to stop it. Now that way is here. Follow bestselling authors Paul B. Skousen and Cleon W. Skousen (The Naked Communist) as they guide you through the Constitution, the ways in which its core tenets are faltering, and the direct path necessary to restore them. Along the way, you’ll find review questions and memory tricks to familiarize yourself with the crucial pillars of the American republic, such as the Framers’ 28 great ideas for true liberty, the role of personal responsibility, and the basics of “People’s Law.” How to Save the Constitution is for those who know the United States is in trouble and want to help before it’s too late. Saving our Constitution is the greatest gift this generation could possibly give to the next. Let’s get started! Praise for How to Save the Constitution "It serves as an important foundation piece: a starting point providing a simple overview of the reasons, principles, importance, and ideas of a sound democratic government." —D. Donovan, Senior Reviewer, Midwest Book Review "I feel this work would prove an excellent resource in current governmental and political debates in universities and classrooms, particularly for its strict attention to detail in the original historical intentions of the development of policy and law for the independent United States of America."—K.C. Finn, editor, Readers' Favorite

Download or read book The Limits of Constitutional Democracy written by Jeffrey K. Tulis and published by Princeton University Press. This book was released on 2010-10-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

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.

Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Download or read book Constitutionalism and a Right to Effective Government written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Download or read book Saving the News written by Martha Minow and published by Oxford University Press. This book was released on 2021-06-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.

Download or read book Constitutional Democracy in Crisis written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Download or read book Democracy Unchained written by David Orr and published by The New Press. This book was released on 2020-03-03 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stellar group of America's leading political thinkers explore how to reboot our democracy The presidential election of 2016 highlighted some long-standing flaws in American democracy and added a few new ones. Across the political spectrum, most Americans do not believe that democracy is delivering on its promises of fairness, justice, shared prosperity, or security in a changing world. The nation cannot even begin to address climate change and economic justice if it remains paralyzed by political gridlock. Democracy Unchained is about making American democracy work to solve problems that have long impaired our system of governance. The book is the collective work of thirty of the most perceptive writers, practitioners, scientists, educators, and journalists writing today, who are committed to moving the political conversation from the present anger and angst to the positive and constructive change necessary to achieve the full promise of a durable democracy that works for everyone and protects our common future. Including essays by Yasha Mounk on populism, Chisun Lee on money and politics, Ras Baraka on building democracy from the ground up, and Bill McKibben on climate, Democracy Unchained is the articulation of faith in democracy and will be required reading for all who are working to make democracy a reality. Table of Contents Foreword Introduction David W. Orr Part I. The Crisis of Democracy Populism and Democracy Yascha Mounk Reconstructing Our Constitutional Democracy K. Sabeel Rahman Restoring Healthy Party Competition Jacob S. Hacker and Paul Pierson When Democracy Becomes Something Else: The Problem of Elections and What to Do About It Andrew Gumbel The Best Answer to Money in Politics After Citizens United: Public Campaign Financing in the Empire State and Beyond Chisun Lee Remaking the Presidency After Trump Jeremi Suri The Problem of Presidentialism Stephen Skowronek Part II. Foundations of Democracy Renewing the American Democratic Faith Steven C. Rockefeller American Land, American Democracy Eric Freyfogle Race and Democracy: The Kennedys, Obama, Trump, and Us Michael Eric Dyson Liberty and Justice for All: Latina Activist Efforts to Strengthen Democracy in 2018 Maria Hinojosa What Black Women Teach Us About Democracy Andra Gillespie and Nadia E. Brown Engines of Democracy: Racial Justice and Cultural Power Rashad Robinson Civic and Environmental Education: Protecting the Planet and Our Democracy Judy Braus The Supreme Court's Legitimacy Crisis and Constitutional Democracy’s Future Dawn Johnsen Part III. Policy Challenges Can Democracy Survive the Internet? David Hickton The New New Deal: How to Reregulate Capitalism Robert Kuttner First Understand Why They're Winning: How to Save Democracy from the Anti-Immigrant Far Right Sasha Polakow-Suransky No Time Left: How the System Is Failing to Address Our Ultimate Crisis Bill McKibben Powering Democracy Through Clean Energy Denise G. Fairchild The Long Crisis: American Foreign Policy Before and After Trump Jessica Tuchman Mathews Part IV. Who Acts, and How? The Case for Strong Government William S. Becker The States Nick Rathod Democracy in a Struggling Swing State Amy Hanauer Can Independent Voters Save American Democracy? Why 42 Percent of American Voters Are Independent and How They Can Transform Our Political System Jaqueline Salit and Thom Reilly Philanthropy and Democracy Stephen B. Heintz Keeping the Republic Dan Moulthrop The Future of Democracy Mayor Ras Baraka Building a University Where All People Matter Michael M. Crow, William B. Dabars, and Derrick M. Anderson Biophilia and Direct Democracy Timothy Beatley Purpose-Driven Capitalism Mindy Lubber Restoring Democracy: Nature's Trust, Human Survival, and Constitutional Fiduciary Governance 397 Mary Christina Wood Conclusion Ganesh Sitaraman

Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.

Download or read book Has Constitutionalism Saved Democracy written by Ayako Toyama and published by . This book was released on 2023-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the phenomenon of the "judicialization of politics," which has attracted attention as one of the causes of the retreat of Thai democracy, focusing on the May 1992 bloodshed, the political reform movement, and the discussions during the drafting of the 1997 and 2007 constitutions. By carefully examining interviews with those involved and the minutes of the drafting of the constitutions, the author clarified the differences between Thai constitutionalism and Western constitutionalism, and analyzed the causes of the "judicialization of politics" and the "retreat of democracy" in Thailand.While many existing studies on the judicialization of Thai politics are critical of the drafters of the Constitution, this book does not focus solely on criticism, but also examines the reasons why they enacted the Constitution by directly interviewing the drafters and carefully examining the minutes of the Constitutional Assembly, and examines the limits of the King's ability to arbitrate due to the intensification and scale of the mass demonstrations since the 1990s. The book is unique in that it carefully depicts the "sense of crisis" they felt toward the limits of the King's ability to arbitrate due to the intensification and scale of mass demonstrations since the 1990s.

Download or read book Democracy the Courts and the Liberal State written by David Miles and published by Routledge. This book was released on 2020-10-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.

Download or read book The Cambridge Handbook of Deliberative Constitutionalism written by Ron Levy and published by Cambridge University Press. This book was released on 2018-04-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.