Constitutionalism And Dictatorship
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Author | : Robert Barros |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2002-07-04 |
Genre | : Political Science |
ISBN | : 1139433628 |
It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.
Author | : David M. Driesen |
Publisher | : Stanford University Press |
Total Pages | : 323 |
Release | : 2021-07-20 |
Genre | : Law |
ISBN | : 1503628620 |
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 283 |
Release | : 2014 |
Genre | : Law |
ISBN | : 1107047668 |
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author | : Enrique Peruzzotti |
Publisher | : Routledge |
Total Pages | : 306 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415665558 |
Andrew Arato has become a prominentpolitical theoristin the fields of democratic theory, constitutional law, and comparative politics. He has had a profound and global influenceon the thinking ofseveral generations of scholars. The Critical Theory and Democracy of Andrew Arato brings together original essays honouring Arato's intellectual contribution to the field, based round the themes in Arato's work of Critical Theory and Civil Society, Democracy and Dictatorship, and Constitution Making. It includes contributions from leading ...
Author | : David Dyzenhaus |
Publisher | : Duke University Press |
Total Pages | : 340 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780822322443 |
Articles previously published in the Canadian journal of law and jurisprudence.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 407 |
Release | : 2012-02-27 |
Genre | : Law |
ISBN | : 1107020565 |
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author | : Federico Ferrara |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2015-03-26 |
Genre | : History |
ISBN | : 1107061814 |
This book traces the roots of Thailand's political development from 1932 to the present, accounting for the intervening period's political turmoil.
Author | : Moeen Cheema |
Publisher | : Cambridge University Press |
Total Pages | : 289 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108831885 |
Presents a deeply contextualized account of public law and judicial review in Pakistan.
Author | : Walter F. Murphy |
Publisher | : JHU Press |
Total Pages | : 588 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780801884702 |
Author | : Donald L. Horowitz |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2013-03-25 |
Genre | : Law |
ISBN | : 1107027276 |
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.