Crafting Constitutional Democracies
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Author | : Edward V. Schneier |
Publisher | : Rowman & Littlefield |
Total Pages | : 288 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780742530744 |
By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.
Author | : Alfred Stepan |
Publisher | : JHU Press |
Total Pages | : 331 |
Release | : 2011-03-31 |
Genre | : Political Science |
ISBN | : 0801899427 |
Political wisdom holds that the political boundaries of a state necessarily coincide with a nation's perceived cultural boundaries. Today, the sociocultural diversity of many polities renders this understanding obsolete. This volume provides the framework for the state-nation, a new paradigm that addresses the need within democratic nations to accommodate distinct ethnic and cultural groups within a country while maintaining national political coherence. First introduced briefly in 1996 by Alfred Stepan and Juan J. Linz, the state-nation is a country with significant multicultural—even multinational—components that engenders strong identification and loyalty from its citizens. Here, Indian political scholar Yogendra Yadav joins Stepan and Linz to outline and develop the concept further. The core of the book documents how state-nation policies have helped craft multiple but complementary identities in India in contrast to nation-state policies in Sri Lanka, which contributed to polarized and warring identities. The authors support their argument with the results of some of the largest and most original surveys ever designed and employed for comparative political research. They include a chapter discussing why the U.S. constitutional model, often seen as the preferred template for all the world’s federations, would have been particularly inappropriate for crafting democracy in politically robust multinational countries such as India or Spain. To expand the repertoire of how even unitary states can respond to territorially concentrated minorities with some secessionist desires, the authors develop a revised theory of federacy and show how such a formula helped craft the recent peace agreement in Aceh, Indonesia. Empirically thorough and conceptually clear, Crafting State-Nations will have a substantial impact on the study of comparative political institutions and the conception and understanding of nationalism and democracy.
Author | : Giuseppe Di Palma |
Publisher | : Univ of California Press |
Total Pages | : 263 |
Release | : 1990-11-05 |
Genre | : History |
ISBN | : 0520072146 |
"Giuseppe Di Palma's book could not be more timely, given the snowballing events that are gaining momentum in Eastern and Western Europe. . . . It represents a truly fresh look at the red-hot issue of transitions to democracy."—Joseph LaPalombara, Yale University
Author | : Mark A. Graber |
Publisher | : Oxford University Press |
Total Pages | : 737 |
Release | : 2018-08-23 |
Genre | : Law |
ISBN | : 0190888997 |
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."
Author | : Donald S. Lutz |
Publisher | : Cambridge University Press |
Total Pages | : 251 |
Release | : 2006-08-28 |
Genre | : Political Science |
ISBN | : 1139460552 |
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Author | : Walter F. Murphy |
Publisher | : JHU Press |
Total Pages | : 588 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9780801884702 |
Author | : Ray A. Moore |
Publisher | : Oxford University Press, USA |
Total Pages | : 436 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9780195171761 |
In 1945 Emperor Hirohito signed Japan's unconditional surrender to the United States and its allies. Tackling a timely subject this work takes the controversial stand that the constitution of Japan was not imposed as a document of defeat.
Author | : Madhav Khosla |
Publisher | : Harvard University Press |
Total Pages | : 241 |
Release | : 2020-02-04 |
Genre | : Political Science |
ISBN | : 0674980875 |
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Author | : Aslı Ü. Bâli |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2018-06-21 |
Genre | : Law |
ISBN | : 9781107694545 |
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
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.