Principles of Constitutional Design PDF Download
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Author: Donald S. Lutz
Publisher: Cambridge University Press
ISBN: 1139460552
Category : Political Science
Languages : en
Pages : 251
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Book Description
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: Donald S. Lutz
Publisher: Cambridge University Press
ISBN: 1139460552
Category : Political Science
Languages : en
Pages : 251
Get Book Here
Book Description
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: 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.
Author: Jenna Bednar
Publisher: Cambridge University Press
ISBN: 1139474448
Category : Political Science
Languages : en
Pages : 245
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Book Description
The Robust Federation offers a comprehensive approach to the study of federalism. Jenna Bednar demonstrates how complementary institutions maintain and adjust the distribution of authority between national and state governments. These authority boundaries matter - for defense, economic growth, and adequate political representation - and must be defended from opportunistic transgression. From Montesquieu to Madison, the legacy of early institutional analysis focuses attention on the value of competition between institutions, such as the policy moderation produced through separated powers. Bednar offers a reciprocal theory: in an effective constitutional system, institutions complement one another; each makes the others more powerful. Diverse but complementary safeguards - including the courts, political parties, and the people - cover different transgressions, punish to different extents, and fail under different circumstances. The analysis moves beyond equilibrium conceptions and explains how the rules that allocate authority are not fixed but shift gradually. Bednar's rich theoretical characterization of complementary institutions provides the first holistic account of federal robustness.
Author: Thomas McIntyre Cooley
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 426
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Book Description
Author: Jon Pierre
Publisher: Oxford University Press
ISBN: 0199665672
Category : Political Science
Languages : en
Pages : 737
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Book Description
The Handbook provides a broad introduction to Swedish politics, and how Sweden's political system and policies have evolved over the past few decades.
Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Category : Law
Languages : en
Pages : 588
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Book Description
Publisher Description
Author: Brian W. Blaesser
Publisher: Routledge
ISBN: 1351177303
Category : Architecture
Languages : en
Pages : 313
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Book Description
This practical handbook explains eight constitutional principles and applies them to real-world planning situations. These statements of principles reflect consensus opinions, but the book also discusses points of dissent. It includes detailed summaries of more than fifty U.S. Supreme Court cases affecting land-use planning, along with a comprehensive table of contents, a cross-referenced index, three matricies that relate sections of the book to one another, and a summary of constitutional principles that relates them to land-use planning techniques. All of these features make it easy to locate key constitutional principles quickly. This book is the result of a 1987 symposium that brought together two dozen leading practitioners and scholars in the fields of planning and law.
Author: Matthew Soberg Shugart
Publisher: Cambridge University Press
ISBN: 9780521429900
Category : Biography & Autobiography
Languages : en
Pages : 334
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Book Description
In recent years renewed attention has been directed to the importance of the role of institutional design in democratic politics. Particular interest has concerned constitutional design and the relative merits of parliamentary versus presidential systems. In this book, the authors systematically assess the strengths and weaknesses of various forms of presidential systems, drawing on recent developments in the theoretical literature about institutional design and electoral rules. They develop a typology of democratic regimes structured around the separation of powers principle, including two hybrid forms, the premier-presidential and president-parliamentary systems, and they evaluate a number of alternative ways of balancing powers between the branches within these basic frameworks. They also demonstrate that electoral rules are critically important in determining how political authority is exercised.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
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: Gabriel L. Negretto
Publisher: Cambridge University Press
ISBN: 1107026520
Category : Political Science
Languages : en
Pages : 297
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Book Description
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
