Unavailable
Unavailable
Unavailable
Ebook534 pages6 hours
How to Save a Constitutional Democracy
By Tom Ginsburg and Aziz Z. Huq
Rating: 3.5 out of 5 stars
3.5/5
()
Currently unavailable
Currently unavailable
About this ebook
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.
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.
Unavailable
Read more from Tom Ginsburg
How to Save a Constitutional Democracy Rating: 3 out of 5 stars3/5Judicial Reputation: A Comparative Theory Rating: 0 out of 5 stars0 ratings
Related to How to Save a Constitutional Democracy
Related ebooks
Electing Judges: The Surprising Effects of Campaigning on Judicial Legitimacy Rating: 0 out of 5 stars0 ratingsCrisis Point: Why We Must – and How We Can – Overcome Our Broken Politics in Washington and Across America Rating: 0 out of 5 stars0 ratingsSteadfast Democrats: How Social Forces Shape Black Political Behavior Rating: 0 out of 5 stars0 ratingsReclaiming Accountability: Transparency, Executive Power, and the U.S. Constitution Rating: 0 out of 5 stars0 ratingsIs Democracy Possible Here?: Principles for a New Political Debate Rating: 4 out of 5 stars4/5Legislative Style Rating: 0 out of 5 stars0 ratingsBuilding the Judiciary: Law, Courts, and the Politics of Institutional Development Rating: 0 out of 5 stars0 ratingsWe the People: A Progressive Reading of the Constitution for the Twenty-First Century Rating: 4 out of 5 stars4/5Exploring Federalism Rating: 4 out of 5 stars4/5Living Originalism Rating: 4 out of 5 stars4/5The Supreme Court and Constitutional Democracy Rating: 0 out of 5 stars0 ratingsWe the People Rating: 0 out of 5 stars0 ratingsA Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before Rating: 3 out of 5 stars3/5Development, Human Rights and the Rule of Law: Report of a Conference Held in the Hague on 27 April—1 May 1981 Rating: 0 out of 5 stars0 ratingsRunning Elections Rating: 0 out of 5 stars0 ratingsJudicial Independence and the American Constitution: A Democratic Paradox Rating: 0 out of 5 stars0 ratingsThe Supreme Court vs. The Constitution Rating: 5 out of 5 stars5/5Revolutionary Constitutions: Charismatic Leadership and the Rule of Law Rating: 0 out of 5 stars0 ratingsThe Politics of Law and Order: Street Crime and Public Policy Rating: 0 out of 5 stars0 ratingsJudicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court Rating: 0 out of 5 stars0 ratingsUncertain Justice: The Roberts Court and the Constitution Rating: 0 out of 5 stars0 ratingsEmergency Politics: Paradox, Law, Democracy Rating: 4 out of 5 stars4/5Systemic Corruption: Constitutional Ideas for an Anti-Oligarchic Republic Rating: 5 out of 5 stars5/5The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism Rating: 0 out of 5 stars0 ratingsConstitutional Government in the United States Rating: 0 out of 5 stars0 ratingsJudging Judges: Values and the Rule of Law Rating: 0 out of 5 stars0 ratingsTiming and Turnout: How Off-Cycle Elections Favor Organized Groups Rating: 0 out of 5 stars0 ratingsOverruled: The Long War for Control of the U.S. Supreme Court Rating: 4 out of 5 stars4/5Federalism in Canada and Australia: The Early Years Rating: 0 out of 5 stars0 ratingsThe Supreme Court and the Constitution Rating: 4 out of 5 stars4/5
Law For You
Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5Estate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsThe LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5Wills and Trusts Kit For Dummies Rating: 5 out of 5 stars5/5Critical Race Theory: The Cutting Edge Rating: 4 out of 5 stars4/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 3 out of 5 stars3/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5No Stone Unturned: The True Story of the World's Premier Forensic Investigators Rating: 4 out of 5 stars4/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5Patents, Copyrights and Trademarks For Dummies Rating: 4 out of 5 stars4/5Win In Court Every Time Rating: 5 out of 5 stars5/5Executor's Guide, The: Settling a Loved One's Estate or Trust Rating: 0 out of 5 stars0 ratingsThe Law Rating: 4 out of 5 stars4/5Drafting Affidavits and Statements Rating: 4 out of 5 stars4/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5The Mueller Report: Final Special Counsel Report of President Donald Trump and Russia Collusion Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5Death in Mud Lick: A Coal Country Fight against the Drug Companies That Delivered the Opioid Epidemic Rating: 4 out of 5 stars4/5
Reviews for How to Save a Constitutional Democracy
Rating: 3.5 out of 5 stars
3.5/5
2 ratings0 reviews