The Endurance Of National Constitutions
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| Author | : Zachary Elkins |
| Publisher | : Cambridge University Press |
| Total Pages | : 271 |
| Release | : 2009-10-12 |
| Genre | : Law |
| ISBN | : 1139479741 |
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
| Author | : Zachary Elkins |
| Publisher | : Cambridge University Press |
| Total Pages | : 271 |
| Release | : 2009-10-19 |
| Genre | : Law |
| ISBN | : 0521515505 |
Based on original historical data, this book shows that key changes in design can extend constitutional life.
| Author | : L.Wolf- Phillips |
| Publisher | : Springer |
| Total Pages | : 80 |
| Release | : 1972-06-18 |
| Genre | : Political Science |
| ISBN | : 1349015296 |
| Author | : Tom Ginsburg |
| Publisher | : University of Chicago Press |
| Total Pages | : 306 |
| Release | : 2018-10-05 |
| Genre | : Law |
| ISBN | : 022656438X |
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.
| 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 | : 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 | : Goodwin Liu |
| Publisher | : Oxford University Press |
| Total Pages | : 274 |
| Release | : 2010-08-05 |
| Genre | : Law |
| ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
| Author | : Tom Ginsburg |
| Publisher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 2003-07-23 |
| Genre | : Law |
| ISBN | : 9780521520393 |
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
| Author | : Jack M. Balkin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 257 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0197530990 |
"America's constitutional system evolves through the interplay between three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional rot and constitutional renewal. America's politics seems especially fraught today because we are nearing the end of the Republican Party's long political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of "constitutional rot." Constitutional rot is the historical process through which republics become increasingly less representative and less devoted to the common good. Caused by increasing economic inequality and loss of trust, constitutional rot seriously threatens the constitutional system. But America has been through these cycles before, and will get through them again. America is in a Second Gilded Age slowly moving toward a second Progressive Era, during which polarization will eventually recede. The same cycles shape the work of the federal courts and theories about constitutional interpretation. They explain why political parties have switched sides on judicial review not once but twice in the twentieth century. Polarization and constitutional rot alter the political supports for judicial review, make fights over judicial appointments especially bitter, and encourage constitutional hardball. The Constitution ordinarily relies on the judiciary to protect democracy and to prevent political corruption and self-entrenching behavior. But when constitutional rot is advanced, the Supreme Court is likely to be ineffective and may even make matters worse. Courts cannot save the country from constitutional rot; only political mobilization can"--
| Author | : George William Van Cleve |
| Publisher | : |
| Total Pages | : |
| Release | : 2020-09-20 |
| Genre | : |
| ISBN | : 9781735548906 |
This is a book about constitutional reform. Today the Constitution is a dangerous threat to Abraham Lincoln's vision of government of the people, by the people, and for the people. It served the United States well during its early years, but has numerous remarkably undemocratic features. And the Constitution has an even graver overarching flaw. It is preventing us from making reforms needed to address the collapse of the middle class and to renew our rapidly decaying social bonds. The Constitution is a massive obstruction to national unity and to our country's survival.Today we are a multicultural, racially diverse, heavily urbanized society. And we are now in danger of being governed permanently by a wealthy oligarchy. Our middle class is headed toward collapse, and our democracy cannot survive its demise. Steadily deteriorating socioeconomic conditions facing millions of poor and middle-class Americans are almost certain to result in a political crisis that may weaken or shatter our union.To avoid such a catastrophe, it will be essential for us to make extensive political, social, and economic reforms based on constitutional changes that will enable all Americans to view their government as truly fair and firmly committed to creating equal life opportunities and justice for everyone, not just for one elite class or dominant race. This book explains why the Constitution is a major obstacle to reform, and what we will need to do to create a resilient democracy. It takes a deep look at the Constitution's undemocratic features, and then explores why the Constitution also makes unworkable piecemeal reforms, such as a constitutional amendment to take money out of politics or a balanced budget amendment. The time to change our government has come. Americans can and must hold a popular convention that can achieve a constitutional grand bargain resolving divisive issues, which will renew republican government and avoid permanent authoritarian rule by a wealthy oligarchy. The book explores how a popular convention can be held, and proposes a series of essential constitutional reforms.
