Author: John Hatchard
Publisher: Commonwealth Secretariat
ISBN: 9780850927214
Category : Commonwealth countries
Languages : en
Pages : 216
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Book Description
There is a history of case law within the Commonwealth where there have been legal challenges to unconstitutional overthrow of Governments. The courts as well as the Commonwealth refused to recognise the legality of such changes. This publication is a compilation of relevant cases.
Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 1538112035
Category : Political Science
Languages : en
Pages : 1265
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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
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Book Description
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: Edward J. Watts
Publisher: Basic Books
ISBN: 0465093825
Category : History
Languages : en
Pages : 339
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Book Description
Learn why the Roman Republic collapsed -- and how it could have continued to thrive -- with this insightful history from an award-winning author. In Mortal Republic, prize-winning historian Edward J. Watts offers a new history of the fall of the Roman Republic that explains why Rome exchanged freedom for autocracy. For centuries, even as Rome grew into the Mediterranean's premier military and political power, its governing institutions, parliamentary rules, and political customs successfully fostered negotiation and compromise. By the 130s BC, however, Rome's leaders increasingly used these same tools to cynically pursue individual gain and obstruct their opponents. As the center decayed and dysfunction grew, arguments between politicians gave way to political violence in the streets. The stage was set for destructive civil wars -- and ultimately the imperial reign of Augustus. The death of Rome's Republic was not inevitable. In Mortal Republic, Watts shows it died because it was allowed to, from thousands of small wounds inflicted by Romans who assumed that it would last forever.
Author: Ozan O. Varol
Publisher: Oxford University Press
ISBN: 019062602X
Category : Political Science
Languages : en
Pages : 249
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Book Description
The Democratic Coup d'État advances a simple, yet controversial, argument: democracy sometimes comes through a military coup. Covering coups that toppled dictators and installed democratic rule in countries as diverse as Guinea-Bissau, Portugal, and Colombia, the book weaves a balanced narrative that challenges everything we knew about military coups.
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: J. Shola Omotola
Publisher: Nordic Africa Institute
ISBN: 9789171067111
Category : Political Science
Languages : en
Pages : 49
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Book Description
This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.
Author: Kriangsak Kittichaisaree
Publisher: Taylor & Francis
ISBN: 1000836290
Category : Law
Languages : en
Pages : 265
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Book Description
This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.
Author: Allison McCulloch
Publisher: Taylor & Francis
ISBN: 1317265777
Category : Political Science
Languages : en
Pages : 313
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Book Description
Power-sharing is an important political strategy for managing protracted conflicts and it can also facilitate the democratic accommodation of difference. Despite these benefits, it has been much criticised, with claims that it is unable to produce peace and stability, is ineffective and inefficient, and obstructs other peacebuilding values, including gender equality. This edited collection aims to enhance our understanding of the utility of power-sharing in deeply divided places by subjecting power-sharing theory and practice to empirical and normative analysis and critique. Its overarching questions are: Do power-sharing arrangements enhance stability, peace and cooperation in divided societies? Do they do so in ways that promote effective governance? Do they do so in ways that promote justice, fairness and democracy? Utilising a broad range of global empirical case studies, it provides a space for dialogue between leading and emerging scholars on the normative questions surrounding power-sharing. Distinctively, it asks proponents of power-sharing to think critically about its weaknesses. This text will be of interest to students, scholars and practitioners of power-sharing, ethnic politics, democracy and democratization, peacebuilding, comparative constitutional design, and more broadly Comparative Politics, International Relations and Constitutional and Comparative Law.
