Автор: Levinson Sanford, Balkin Jack M. Название: Democracy and Dysfunction ISBN: 022661204X ISBN-13(EAN): 9780226612041 Издательство: Wiley Рейтинг: Цена: 3802.00 р. Наличие на складе: Нет в наличии.
Описание: It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include "chaotic," "turbulent," and "disastrous." Donald Trump's improbable rise to power and his 2016 Electoral College victory placed America's political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel--along with the rest of the country--through the convulsions of the 2016 election and Trump's first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans--and the world--will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here--and how we might forestall the next demagogue who will seek to beguile the American public.
Автор: Beaumont, Elizabeth Название: The Civic Constitution ISBN: 0190692553 ISBN-13(EAN): 9780190692551 Издательство: Oxford Academ Рейтинг: Цена: 3800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution and its relations to citizens and social movements. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of `civic founders` who worked to reinvent the constitutional order.
Автор: Frost, Catherine Название: Language, Democracy and the Paradox of Constituent Power ISBN: 1138606871 ISBN-13(EAN): 9781138606876 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Beginning with the founding speech in the American Declaration, Catherine Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed.
This book compares the evolution of the legal systems of Central Asia, Europe, and East Asia, under the impact of economic factors, both structural and crisis-inspired. The COVID-19, one of the severest challenges faced by humanity, alters the social order and the way people think.
Already, changes impact the socio-economic and political-legal spheres. Geopolitical and geoeconomic shifts affect the place of states and regions in the world order. The UK’s withdrawal from the EU, superimposed onto the pandemic, inflicted not only political and socio-economic losses but reputational losses as well. It signaled the limits of regional integration if the world’s most successful economic grouping needed to revise its own development.
This book analyses three salient international political/legal problems for states and regions of Eurasia: trade and financial issues, regional and interregional issues, industrial and socioeconomic issues. It also looks at the US trade policy towards Eurasia and China, the US military presence in South Korea, the EU experience for the EAEU, as well as WTO issues, etc. It follows Le r?gionalisme et ses limites (2016), Mutations de soci?t? et r?ponses du droit (2017), On the European and Asian origins of legal and political systems (2018) and The Challenge of change in the legal and political systems of Eurasia and the New Silk Road (2020).
Автор: Sajу Andrбs Название: Ruling by Cheating ISBN: 1108844634 ISBN-13(EAN): 9781108844635 Издательство: Cambridge University Press Рейтинг: Цена: 25990.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Populist, illiberal regimes that claim power in the name of relative majorities are often characterized as quasi-authoritarian. Analysing the constitutional system of illiberal democracies and illiberal phenomena in `mature democracies`, the author argues that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism.
Автор: Dixon, Rosalind (professor Of Law, Professor Of Law, University Of New South Wales) Landau, David (mason Ladd Professor, Mason Ladd Professor, Fsu Col Название: Abusive constitutional borrowing ISBN: 0192893769 ISBN-13(EAN): 9780192893765 Издательство: Oxford Academ Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Abusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.
Автор: Fujiyoshi Keiji Название: Archives, Accountability, and Democracy in the Digital Age ISBN: 9813367148 ISBN-13(EAN): 9789813367142 Издательство: Springer Цена: 9083.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first attempt to introduce the current status of archival practices in Japan as well as the basic views of the populace on making records accessible to English readers.
Автор: Kautz Steven, Melzer Arthur, Weinberger Jerry Название: The Supreme Court and the Idea of Constitutionalism ISBN: 0812221907 ISBN-13(EAN): 9780812221909 Издательство: Wiley EDC Рейтинг: Цена: 4803.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
Автор: Ginsburg Tom, Huq Aziz Z. Название: How to Save a Constitutional Democracy ISBN: 022675507X ISBN-13(EAN): 9780226755076 Издательство: Wiley Рейтинг: Цена: 2534.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Maria Tzanakopoulou Название: Reclaiming Constitutionalism: Democracy, Power and the State ISBN: 1509939628 ISBN-13(EAN): 9781509939626 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.
Описание: Madhav Khosla describes the remarkable work of the founders of independent India. All at once they built a democratic system in the midst of illiteracy and poverty enforced by a century of imperial domination and neglect. They crafted a constitution aimed at creating democratic citizens through democratic politics.
Описание: The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does not have to be this way. Incomprehensible! argues that surrendering to incomprehensibility is a bad mistake. Drawing together evidence from diverse fields such as consumer protection, financial regulation, patents, chemical control, and administrative and legislative processes, this book identifies a number of important legal programs that are built on the foundational assumption that 'more information is better'. Each of these legal processes have been designed in ways that ignore the imperative of meaningful communication. To rectify this systemic problem, the law must be re-designed to pay careful attention to the problem of incomprehensibility.
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