Constitutionalism and a Right to Effective Government?

Constitutionalism and a Right to Effective Government?
Author: Vicki C. Jackson
Publisher: Cambridge University Press
Total Pages: 281
Release: 2022-10-27
Genre: Law
ISBN: 1009178105

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.

Constitutional Self-Government

Constitutional Self-Government
Author: Christopher L. EISGRUBER
Publisher: Harvard University Press
Total Pages: 273
Release: 2009-06-30
Genre: Law
ISBN: 0674034465

The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.

Constitutional Rights and Powers of the People

Constitutional Rights and Powers of the People
Author: Wayne D. Moore
Publisher: Princeton University Press
Total Pages: 312
Release: 1998
Genre: Law
ISBN: 9780691002446

American constitutionalism rests on premises of popular sovereignty, but questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution, political scientist Wayne Moore offers new insights into central problems of constitutional history, theory, and law.

The Constitution of Freedom

The Constitution of Freedom
Author: András Sajó
Publisher: Oxford University Press
Total Pages: 500
Release: 2017-11-04
Genre: Law
ISBN: 0191046035

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.

Constitutionalism and Democracy

Constitutionalism and Democracy
Author: Jon Elster
Publisher: Cambridge University Press
Total Pages: 372
Release: 1988
Genre: Philosophy
ISBN: 9780521457217

The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

Constitutionalism and Rights

Constitutionalism and Rights
Author: Gary C. Bryner
Publisher: SUNY Press
Total Pages: 184
Release: 1987
Genre: Political Science
ISBN:

Constitutionalism and Rights explores the ambivalent relationship between the American tradition of constitutionalism and the notions of rights that have emerged over the last three centuries. The six essays focus systematically on selected tensions between these two fundamental strands in the American tradition of liberty and self-government. Discussed are: ideas of rights and constitutionalism generally; mechanisms and procedures necessary to assure rights in a large bureaucratic state; rights as expressed in public welfare programs; innovations employed by the eighteenth-century Framers to achieve limited government as a means to securing fair and equal individual freedom; the dependence of rights on institutional devices and the rule of law; the need for public virtue (balancing individual rights with self-sacrifice for the common good) if the American constitutional system is to survive; and the dangers of individualism and individual rights posed by modern liberalism. The essayists are prominent scholars representing the disciplines of political science, government, and law. They all state their confidence in the American constitutional system, but they also voice doubts about the future if problems are not redressed. The editors conclude their introduction by expressing hope that this volume “will clarify some important issues and help us remember essential lessons of the past, as we continue in this great public conversation.” Constitutionalism and Rights is the first of a three-volume series examining significant features of the Constitution. The series, inspired by the bicentennial of that great achievement, consists of essays presented by scholars at three conferences on the Constitution held at Brigham Young University in 1985, 1986, and 1987, and several additional essays written especially for these volumes.

Constitutionalism, Executive Power, and the Spirit of Moderation

Constitutionalism, Executive Power, and the Spirit of Moderation
Author: Giorgi Areshidze
Publisher: SUNY Press
Total Pages: 418
Release: 2016-05-20
Genre: Law
ISBN: 1438460414

Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Constitutionalism and Religion

Constitutionalism and Religion
Author: Francois Venter
Publisher: Edward Elgar Publishing
Total Pages: 284
Release: 2015-10-30
Genre: Law
ISBN: 1785361627

This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality. Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted. Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.

Extending Rights' Reach

Extending Rights' Reach
Author: Jud Mathews
Publisher: Oxford University Press
Total Pages: 265
Release: 2018-03-13
Genre: Law
ISBN: 0190682930

Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.