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Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 1009098594
Category : Law
Languages : en
Pages : 361
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Book Description
In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.
Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 1009098594
Category : Law
Languages : en
Pages : 361
Get Book Here
Book Description
In times of disenchantment with democracy and 'erosion' of the system of checks and balances, the book proposes to reflect upon the main problems of our constitutional democracies, from a particular regulative ideal: that of the conversation among equals.
Author: Roberto Gargarella
Publisher:
ISBN: 9781009105682
Category : Civil rights
Languages : en
Pages :
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Book Description
"I am writing this book during difficult political times (and I am writing it at this particular moment largely because of them). We live in the era of the "Arab Spring," Occupy Wall Street in the United States, and the rise of Syriza in Greece and Podemos in Spain, not to mention the 'They all must go' movement in Argentina ("Que se vayan todos "). It is a time of massive demonstrations and protest against current authorities in Catalonia and Ecuador, a time when millions have descended to the streets to demand President Piñera's resignation in Chile. Many of our constitutional democracies seem haunted by the same specter, that of "democratic fatigue" or "discontent." Citizens seem fed up with their government institutions and tired of those who represent them in it. The notion of "democratic fatigue" and the related sense that democracy is being "eroded from within" to the point of being hollowed out are commonplace in the current social science literature (I am writing in the fall of 2019). No longer are we as worried by the prospect of democracies "dying in a single blow" as was typical in the recent post-colonial era of military coups and dictatorships. Rather, we now talk about the "slow death" of our democracies through a gradual "dismantling" of their institutions by leaders who have consolidated their power in a series of arguably legal moves"--
Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 9781009102063
Category : Law
Languages : en
Pages : 0
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Book Description
In a time of disenchantment with democracy, massive social protests and the 'erosion' of the system of checks and balances, this book proposes to reflect upon the main problems of our constitutional democracies from a particular regulative ideal: that of the conversation among equals. It examines the structural character of the current democratic crisis, and the way in which, from its origins, constitutions were built around a 'discomfort with democracy'. In this sense, the book critically explores the creation of different restraints upon majority rule and collective debate: constitutional rights that are presented as limits to (and not, fundamentally, as a product of) democratic debate; an elitist system of judicial review; a checks and balances scheme that discourages, rather than promotes, dialogue between the different branches of power; etc. Finally, the book proposes a dignified constitutional democracy aimed at enabling fraternal conversation within the framework of a community of equals.
Author: Kenneth W. Starr
Publisher: Grand Central Publishing
ISBN: 0446554162
Category : Law
Languages : en
Pages : 227
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Book Description
Today's United States Supreme Court consists of nine intriguingly varied justices and one overwhelming contradiction: Compared to its revolutionary predecessor, the Rehnquist Court appears deceptively passive, yet it stands as dramatically ready to defy convention as the Warren Court of the 1950s and 60s. Now Kenneth W. Starr-who served as clerk for one chief justice, argued twenty-five cases as solicitor general before the Supreme Court, and is widely regarded as one of the nation's most distinguished practitioners of constitutional law-offers us an incisive and unprecedented look at the paradoxes, the power, and the people of the highest court in the land. In First Among Equals Ken Starr traces the evolution of the Supreme Court from its beginnings, examines major Court decisions of the past three decades, and uncovers the sometimes surprising continuity between the precedent-shattering Warren Court and its successors under Burger and Rehnquist. He shows us, as no other author ever has, the very human justices who shape our law, from Sandra Day O'Connor, the Court's most pivotal-and perhaps most powerful-player, to Clarence Thomas, its most original thinker. And he explores the present Court's evolution into a lawyerly tribunal dedicated to balance and consensus on the one hand, and zealous debate on hotly contested issues of social policy on the other. On race, the Court overturned affirmative action and held firm to an undeviating color-blind standard. On executive privilege, the Court rebuffed three presidents, both Republican and Democrat, who fought to increase their power at the expense of rival branches of government. On the 2000 presidential election, the Court prevented what it deemed a runaway Florida court from riding roughshod over state law-illustrating how in our system of government, the Supreme Court is truly the first among equals. Compelling and supremely readable, First Among Equals sheds new light on the most frequently misunderstood legal pillar of American life.
Author: Paweł Laidler
Publisher: Taylor & Francis
ISBN: 1040188796
Category : Political Science
Languages : en
Pages : 329
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Book Description
Scholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective. The scope includes both inter- country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and political systems. Taken together, this book uncovers a wide variety of legal and political cultures, systems of governments, and forms of territorial organization. Once uncovered, this approach makes it easier to determine repetitive patterns which may be observed in constitutional review and constitutional interpretation, or significant differences occurring in the models of constitutionalization of politics around the world. Constitutionalization of Politics in Comparative Perspective tackles important debates among academics interested in the theoretical and practical aspects of constitutions and constitutionalism and will appeal to social scientists, including sociologists, philosophers, security studies and international relations experts but also cultural studies scholars.
Author: Rami Goldstein
Publisher: Taylor & Francis
ISBN: 1040045375
Category : Political Science
Languages : en
Pages : 296
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Book Description
This book offers a fresh approach to human rights by analyzing the role of institutional checks and balances, governmentalism and system's approach, intended for the prevention of human rights violations, the enforcement of human rights norms and rules, and important actors such as International Non-Governmental Organizations (INGO), and domestic Non-Governmental Organizations (NGOs). The book presents case studies that offer innovative, political, historical, and social perspectives on how the International Human Rights Regime (IHRG) is practiced. It critically examines the interpretation, inconsistency, and application of the human rights norms in the Global South, and shows how the national mobilization of human rights is directly affected by the interdependence existing between the national and the transnational levels. This book will be of key interest to scholars, students, and practitioners of human rights, and more broadly of comparative politics, international law, global governance, international and nongovernmental organizations.
Author: Sanne Taekema
Publisher: Edward Elgar Publishing
ISBN: 1035307391
Category : Law
Languages : en
Pages : 327
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Book Description
Providing a clear and concise guide to the practicalities of legal research, this informative book presents a methodological framework for law-in-context research design. It argues that legal scholarship relies on the interpretive and argumentative methods of the humanities, but also requires empirical input due to its focus on social reality.
Author: Ruth Rubio-Marin
Publisher: Cambridge University Press
ISBN: 1107177022
Category : Law
Languages : en
Pages : 405
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Book Description
Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
Author: Lee C. Bollinger
Publisher: Oxford University Press
ISBN: 019776035X
Category : Law
Languages : en
Pages : 505
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Book Description
"Bringing together a remarkable group of scholars and experts, this volume confronts the beginning and end of the Constitutional right to obtain an abortion in the United States, from the landmark decision in Roe v. Wade to its shocking overturning in Dobbs v. Jackson Women's Health fifty years later. This is a critical moment in which to reflect on the past, present, and future of abortion regulations and legislation in the U.S"--
Author: Aileen Kavanagh
Publisher: Cambridge University Press
ISBN: 1108493262
Category : Law
Languages : en
Pages : 509
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Book Description
Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
