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Author: Jonathan Wheatley Publisher: Routledge ISBN: 1317083059 Category : Political Science Languages : en Pages : 202
Book Description
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Author: Jonathan Wheatley Publisher: Routledge ISBN: 1317083059 Category : Political Science Languages : en Pages : 202
Book Description
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.
Author: Cindy Skach Publisher: Princeton University Press ISBN: 9781400832620 Category : Political Science Languages : en Pages : 168
Book Description
After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.
Author: Donald S. Lutz Publisher: Cambridge University Press ISBN: 1139460552 Category : Political Science Languages : en Pages : 251
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: Alan J. Kuperman Publisher: University of Pennsylvania Press ISBN: 0812246586 Category : Political Science Languages : en Pages : 304
Book Description
Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.
Author: Denis James Galligan Publisher: Oxford University Press, USA ISBN: 019871498X Category : Law Languages : en Pages : 456
Book Description
Focusing on major political and legal theorists whose work on constitutional theory had a significant impact, this book unearths an untold story of the development of constitutional thought in the context of the broader political environment.
Author: Keith Dougherty Publisher: Springer Science & Business Media ISBN: 0387981713 Category : Political Science Languages : en Pages : 120
Book Description
Buchanan and Tullock’s seminal work, The Calculus of Consent, linked economic methodology to substantive questions in political science. Among the major contributions of their book is a connection between constitutional decision making and contractarianism, a philosophical tradition that proponents believe can give institutions legitimacy. In other words, a major contribution of their book is a clear connection between empirical decision making and normative principles. The current book formalizes and extends their foundational ideas as it attempts to show how economic and philosophical arguments about the "best" voting rules can be used to improve constitutional design. It informs debates about constitutional political economy in comparative politics, democratic theory, and public choice. Political scientists often ask questions about what causes a nation to seek a new constitution, how constitutions are made, and what factors allow for corrupt decision making. The Calculus of Consent and Constitutional Design bridges the gap between normative questions about which institutions are most efficient and fair and empirical questions about how constitutions are formed. This provides a benchmark to help create better constitutions and informs empirical research about what institutions are most likely to succeed. The book begins by showing how contractarian ideals can be used to justify choices about decision-making. It then carefully defines several concepts employed by Buchanan and Tullock and shows why the relationships between these concepts may not be as closely linked as Buchanan and Tullock first thought. This provides a backdrop for analyzing the three phases of constitutional decision-making: 1) the constitutional phase, where rules for constitutional decision making must be justified; 2) the legislative phase, where the optimal k-majority rule is analyzed; and 3) the electoral phase, where the optimal voting rule for large electorates and open alternatives are determined. These phases differ by context and sources of legitimacy. Computational models and analytic techniques are introduced in each of these chapters. Finally, the book concludes with statements about the significance of the research for the creation of constitutions more broadly.
Author: Donald L. Horowitz Publisher: Yale University Press ISBN: 0300254369 Category : Constitutional law Languages : en Pages : 284
Book Description
Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 1107379709 Category : Law Languages : en Pages :
Book Description
This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.
Author: Jonathan Wheatley
Author: Jonathan Wheatley
Author: Cindy Skach
Author: Roger D. Congleton
Author: Donald S. Lutz
Author: Alan J. Kuperman
Author: Walter F. Murphy
Author: Denis James Galligan
Author: Keith Dougherty
Author: Donald L. Horowitz
Author: Tom Ginsburg