Download or read book Tackling the Unconstitutional Overthrow of Democracies written by John Hatchard and published by Commonwealth Secretariat. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a history of case law within the Commonwealth where there have been legal challenges to unconstitutional overthrow of Governments. The courts as well as the Commonwealth refused to recognise the legality of such changes. This publication is a compilation of relevant cases.
Download or read book Protecting Democracy written by Morton H. Halperin and published by Lexington Books. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past several decades, democracy has taken root or been re-established in a number of countries with support from other democratic states and private groups. While the increase in the number of democracies worldwide has been widely heralded, very little has been written on how democracy can be protected and sustained where it has been chosen by the people of a state. In this first comprehensive guide to preventing and responding to threats to coups and erosions in democracies. Through case studies and in-depth analyses, this book provides legal and policy justification for these processes and discusses how they can be made more effective, combining the findings of an international task force on threats to democracy with contributions from leading scholars and policymakers.
Download or read book Freedom in the World 2018 written by Freedom House and published by Rowman & Littlefield. This book was released on 2019-01-31 with total page 1265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Download or read book Fragile Democracies written by Samuel Issacharoff and published by Cambridge University Press. This book was released on 2015-06-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
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 Democratic Coup D tat written by Ozan O. Varol and published by Oxford University Press. This book was released on 2017 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Democratic Coup d'État advances a simple, yet controversial, argument: democracy sometimes comes through a military coup. Covering coups that toppled dictators and installed democratic rule in countries as diverse as Guinea-Bissau, Portugal, and Colombia, the book weaves a balanced narrative that challenges everything we knew about military coups.
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 Unconstitutional Changes of Government in Africa written by J. Shola Omotola and published by Nordic Africa Institute. This book was released on 2011 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.
Download or read book Judicial Responsibility and Coups d tat written by Kriangsak Kittichaisaree and published by Taylor & Francis. This book was released on 2023-02-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
Download or read book Power Sharing written by Allison McCulloch and published by Taylor & Francis. This book was released on 2017-04-21 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
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 Development and Democracy written by Commonwealth Secretariat and published by Commonwealth Secretariat. This book was released on 2003 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: A report to Commonwealth Heads of Government on the activities and achievements of the Commonwealth Secretariat from July 2001 to June 2003. The Foreword by Commonwealth Secretary-General Don McKinnon presents a personal view of the progress of the Commonwealth over that period. The report is presented to Commonwealth Heads of Government before their biennial summit.
Download or read book Mortal Republic written by Edward J. Watts and published by Hachette UK. This book was released on 2018-11-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn why the Roman Republic collapsed -- and how it could have continued to thrive -- with this insightful history from an award-winning author. In Mortal Republic, prize-winning historian Edward J. Watts offers a new history of the fall of the Roman Republic that explains why Rome exchanged freedom for autocracy. For centuries, even as Rome grew into the Mediterranean's premier military and political power, its governing institutions, parliamentary rules, and political customs successfully fostered negotiation and compromise. By the 130s BC, however, Rome's leaders increasingly used these same tools to cynically pursue individual gain and obstruct their opponents. As the center decayed and dysfunction grew, arguments between politicians gave way to political violence in the streets. The stage was set for destructive civil wars -- and ultimately the imperial reign of Augustus. The death of Rome's Republic was not inevitable. In Mortal Republic, Watts shows it died because it was allowed to, from thousands of small wounds inflicted by Romans who assumed that it would last forever.
Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
Download or read book Global Minority Rights written by Joshua Castellino and published by Routledge. This book was released on 2017-05-15 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.
Download or read book Dictators and Democracy in African Development written by A. Carl LeVan and published by Cambridge University Press. This book was released on 2015 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the structure of the policy-making process in Nigeria explains variations in government performance better than other commonly cited factors.
Download or read book The Framers Coup written by Michael J. Klarman and published by Oxford University Press. This book was released on 2016-09-16 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup narrates how the Framers' clashing interests shaped the Constitution--and American history itself. The Philadelphia convention could easily have been a failure, and the risk of collapse was always present. Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories. The Framers' Coup is more than a compendium of great stories, however, and the powerful arguments that feature throughout will reshape our understanding of the nation's founding. Simply put, the Constitutional Convention almost didn't happen, and once it happened, it almost failed. And, even after the convention succeeded, the Constitution it produced almost failed to be ratified. Just as importantly, the Constitution was hardly the product of philosophical reflections by brilliant, disinterested statesmen, but rather ordinary interest group politics. Multiple conflicting interests had a say, from creditors and debtors to city dwellers and backwoodsmen. The upper class overwhelmingly supported the Constitution; many working class colonists were more dubious. Slave states and nonslave states had different perspectives on how well the Constitution served their interests. Ultimately, both the Constitution's content and its ratification process raise troubling questions about democratic legitimacy. The Federalists were eager to avoid full-fledged democratic deliberation over the Constitution, and the document that was ratified was stacked in favor of their preferences. And in terms of substance, the Constitution was a significant departure from the more democratic state constitutions of the 1770s. Definitive and authoritative, The Framers' Coup explains why the Framers preferred such a constitution and how they managed to persuade the country to adopt it. We have lived with the consequences, both positive and negative, ever since.
