Author : Louis Henkin
Publisher : Columbia University Press
Page : 140 pages
File Size : 32,18 MB
Release : 1990
Category : Law
ISBN : 9780231072298
Addresses a controversial aspect of constitutional jurisprudence--the governance of foreign affairs and examines the questionof whether our constitutional blueprint for the conduct of foreign affairs is appropriate to the democracy we have become.
Author : Miroslav Nincic
Publisher : Columbia University Press
Page : 224 pages
File Size : 38,71 MB
Release : 1992
Category : Political Science
ISBN : 9780231076692
This study challenges the belief that liberal democracy is incompatible with an effective foreign policy. The author focuses initially on the effect of democratic practices and institutions on the efficacy and wisdom of international dealings. Then he examines the pursuit and consequences of American foreign policy objectives on some of the central aspects of US democracy, including the balance of power between the executive and legislative branches, civil liberties and freedom of speech.
Author : Jan Zielonka
Publisher : Oxford University Press
Page : 506 pages
File Size : 42,7 MB
Release : 2001
Category : History
ISBN : 0199241678
This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.
Author : Rosalind Dixon
Publisher : Oxford University Press
Page : 241 pages
File Size : 16,94 MB
Release : 2021
Category : Authoritarianism
ISBN : 0192893769
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy 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. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author : Robert Schütze
Publisher : Cambridge University Press
Page : 557 pages
File Size : 42,44 MB
Release : 2014-10-16
Category : Law
ISBN : 1107037662
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Author : Louis Henkin
Publisher :
Page : 125 pages
File Size : 44,57 MB
Release : 1990-01-01
Category : Constitutional law
ISBN : 9780231072281
This book addresses a highly controversial yet neglected aspect of United States constitutional jurisprudence-the governance of foreign affairs. Henkin asks whether our constitutional blueprint for the conduct of foreign affairs is appropriate to the democracy we have become, or whether it might be desirable to consider constitutional change.
Author : Madhav Khosla
Publisher : Harvard University Press
Page : 241 pages
File Size : 13,82 MB
Release : 2020-02-04
Category : Political Science
ISBN : 0674980875
An Economist Best Book of the Year How India’s Constitution came into being and instituted democracy after independence from British rule. Britain’s justification for colonial rule in India stressed the impossibility of Indian self-government. And the empire did its best to ensure this was the case, impoverishing Indian subjects and doing little to improve their socioeconomic reality. So when independence came, the cultivation of democratic citizenship was a foremost challenge. Madhav Khosla explores the means India’s founders used to foster a democratic ethos. They knew the people would need to learn ways of citizenship, but the path to education did not lie in rule by a superior class of men, as the British insisted. Rather, it rested on the creation of a self-sustaining politics. The makers of the Indian Constitution instituted universal suffrage amid poverty, illiteracy, social heterogeneity, and centuries of tradition. They crafted a constitutional system that could respond to the problem of democratization under the most inhospitable conditions. On January 26, 1950, the Indian Constitution—the longest in the world—came into effect. More than half of the world’s constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late eighteenth century, these contemporary revolutions have occurred in countries characterized by low levels of economic growth and education, where voting populations are deeply divided by race, religion, and ethnicity. And these countries have democratized at once, not gradually. The events and ideas of India’s Founding Moment offer a natural reference point for these nations where democracy and constitutionalism have arrived simultaneously, and they remind us of the promise and challenge of self-rule today.
Author : William S Smith
Publisher : University of Michigan Press
Page : 237 pages
File Size : 40,17 MB
Release : 2019-08-20
Category : Political Science
ISBN : 0472125931
Following costly U.S. engagement in two wars in the Middle East, questions about the appropriateness of American military interventions dominate foreign policy debates. Is an interventionist foreign policy compatible with the American constitutional tradition? This book examines critic Irving Babbitt’s (1865–1933) unique contribution to understanding the quality of foreign policy leadership in a democracy. Babbitt explored how a democratic nation’s foreign policy is a product of the moral and cultural tendencies of the nation’s leaders, arguing that the substitution of expansive, sentimental Romanticism for the religious and ethical traditions of the West would lead to imperialism. The United States’ move away from the restraint and order of sound constitutionalism to involve itself in the affairs of other nations will inevitably cause a clash with the “civilizational” regions that have emerged in recent decades. Democracy and Imperialism uses the question of soul types to address issues of foreign policy leadership, and discusses the leadership qualities that are necessary for sound foreign policy.
Author : Martin S. Flaherty
Publisher : Princeton University Press
Page : 344 pages
File Size : 19,98 MB
Release : 2022-05-17
Category : Political Science
ISBN : 0691204780
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Author : Tom Ginsburg
Publisher : University of Chicago Press
Page : 306 pages
File Size : 46,3 MB
Release : 2018-10-05
Category : Law
ISBN : 022656438X
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.
