Constitutionalism and Dictatorship

Constitutionalism and Dictatorship PDF Author: Robert Barros
Publisher: Cambridge University Press
ISBN: 1139433628
Category : Political Science
Languages : en
Pages : 371

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Book Description
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.

Constitutionalism and Dictatorship

Constitutionalism and Dictatorship PDF Author: Robert Barros
Publisher: Cambridge University Press
ISBN: 1139433628
Category : Political Science
Languages : en
Pages : 371

Get Book Here

Book Description
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.

The Specter of Dictatorship

The Specter of Dictatorship PDF Author: David M. Driesen
Publisher: Stanford University Press
ISBN: 1503628620
Category : Law
Languages : en
Pages : 336

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Book Description
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.

Critical Theory and Democracy

Critical Theory and Democracy PDF Author: Enrique Peruzzotti
Publisher: Routledge
ISBN: 1136183701
Category : Political Science
Languages : en
Pages : 306

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Book Description
This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283

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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Law as Politics

Law as Politics PDF Author: David Dyzenhaus
Publisher: Duke University Press
ISBN: 9780822322443
Category : Law
Languages : en
Pages : 340

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Book Description
Articles previously published in the Canadian journal of law and jurisprudence.

The Political Foundations of Judicial Independence in Dictatorship and Democracy

The Political Foundations of Judicial Independence in Dictatorship and Democracy PDF Author: Brad Epperly
Publisher:
ISBN: 0198845022
Category : Law
Languages : en
Pages : 218

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Book Description
Why do political actors tolerate courts able to check their power? This book argues that judicial independence as electorally-induced 'insurance' is about the risks of losing power, risks that are higher in autocratic regimes. Using a mixed-methods approach, it develops a theory of both de facto and de jure independence across regime type.

Comparative Constitutional Design

Comparative Constitutional Design PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107020565
Category : Law
Languages : en
Pages : 407

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Book Description
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

The Political Development of Modern Thailand

The Political Development of Modern Thailand PDF Author: Federico Ferrara
Publisher: Cambridge University Press
ISBN: 1107061814
Category : History
Languages : en
Pages : 345

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Book Description
This book traces the roots of Thailand's political development from 1932 to the present, accounting for the intervening period's political turmoil.

Courting Constitutionalism

Courting Constitutionalism PDF Author: Moeen Cheema
Publisher: Cambridge University Press
ISBN: 1108831885
Category : Law
Languages : en
Pages : 289

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Book Description
Presents a deeply contextualized account of public law and judicial review in Pakistan.

Crisis and Constitutionalism

Crisis and Constitutionalism PDF Author: Benjamin Straumann
Publisher: Oxford University Press
ISBN: 019995092X
Category : History
Languages : en
Pages : 433

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Book Description
The crisis and fall of the Roman Republic spawned a tradition of political thought that sought to evade the Republic's fate--despotism. Thinkers from Cicero to Bodin, Montesquieu, and the American Founders saw constitutionalism, not virtue, as the remedy. This study traces Roman constitutional thought from antiquity to the Revolutionary Era.