Cambridge University Press, 2013 edited with Alberto Simpser. At its inception, a time of great political upheaval in France, it was uncertain whether the new regime would last five years, let alone fifty. He is a member of the American Academy of Arts and Sciences. His latest book, How to Save a Constitutional Democracy, was written with Aziz Z. While literature oil political clientelism focuses on explanatory factors like lack of political credibility, political machines capable of effective monitoring, autonomy of brokers, high levels of poverty, and political competiveness, the role of institutions has been overlooked. We have been selling books online for over ten years and we have learned how to save students from the inflated costs of textbooks especially when the updated editions do not contain substantial changes and typically are nearly identical in every way.
Book Summary: The title of this book is Constitutions in Times of Financial Crisis Comparative Constitutional Law and Policy and it was written by Editor , Editor , Editor. Rebuilding the Ship at Sea. Democratization and countermajoritarian institutions: the role of power and constitutional design in self-enforcing democracy Susan Alberts, Chris Warshaw and Barry R. It argues that the Netherlands system is based on a pure hierarchy of norms independent on the constitutional nature of the international norms. I proceed, in the third section, with a brief presentation of the older U.
Genetically, a constitution qualifies as law when it is produced by a law-making body, such as a constitutional assembly or convention, and then is adopted according to legally prescribed procedures referendum or qualified parliamentary decision. It pleads for reinforcing constitutionally the direct effect and primacy of international law by broadening them to customary law, especially ius cogens, and by making primacy dependent on compatibility with the fundamental principles of democracy and the rule of law in the Netherlands. For a more detailed analysis of the constructive process and bricolage, see Günter Frankenberg, Constitutions as Commodities. The new constitutionalism that has emerged over this period places as much emphasis on process as it does on outcomes Hart, 2001. S tudies in C omparative C onstitutional D esign Günter Frankenberg ed.
Edward Elgar, 2014 with Justin Blount. P reuss, I nstitutional D esign in P ost-C ommunist S ocieties. From a comparative perspective, the European Union, Canada and the United States illustrate different attitudes to the coordination between private law and the constitutional aesthetic of these samples. However, because of its displacement from centre stage, comparative private law as it was usually understood in academia is today in a state of crisis and in search of a new profile. Design as institutional arrangement In the second part of the volume, the focus shifts to constraints and conditions of constitutional design. This, then, is not restricted to populists4. The combination of theoretical and empirical essays will further develop comparative constitutional design as an important perspective and project within comparative constitutional studies.
Their mapping of the literature and discussion of modes, actors, and constraints of constitutional design is extremely useful. What was the impact of this background on their legal thought? Product Description Many constitutions include provisions intended to limit the discretion of governments in economic policy. The first two essays come with a political-science perspective, the following two are situated in comparative constitutional law. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. Are prevention and compensation for damages caused by defective products complementary, or do they rather evolve in a reciprocal ignorance? Comparative Constitutional Design Comparative Constitutional Design Frankenberg, Günter 2013-04-17 00:00:00 © The Author 2013. Siegel, Collective-Action Federalism: A General Theory of Article I, Section 8 Martha C.
Hence, populist constitutionalism in this second sense is about discourses and practices of constitutionalists if I may use this rather vague but convenient, exactly because of its vagueness, term. Ashgate Publishing Limited, 2013 with Gombosuren Ganzorig. Issues in Institutional Design: 8. Cambridge University Press, 2012 with Nuno Garoupa. Beyond theoretical constructions surrounding this theme, it appears necessary to consider constitutional peculiarities that condition interaction modalities between the ex ante and ex post dimensions of risks. Juris Net, 2012 with Richard M. In the end, Nussbaum qualifies her critique of legal pluralism informed by religion and presents a surprising argument from equal liberty for the accommodating recognition of personal law limited by fundamental rights pp.
I begin, in the following section, with a brief presentation of the recent scholarship on populist constitutionalism in the sense of the relationship between populism and constitutionalism. While the latter, that is, the fear of dictatorship, apparently goes without definition, dictatorship does not. University of California Institute of Governmental Studies, 2006. The comparable figure for 1950 is approximately 5 percent, even though the proportion of texts specifying any promulgation procedure whatsoever is roughly equivalent Ginsburg et al. Recent scholarship has elaborated on the relationship between populism and constitutionalism by using the concept of populist constitutionalism see, e. This Article considers the possible uses of comparative constitutional law in American constitutional interpretation.
They argue that a democracy with countermajoritarian constraints and a carefully drafted constitutional balance of power between rising democratic groups and falling authoritarians may facilitate a transition as happened in Chile in 1989 that might otherwise not occur. By analysing an original data set, this paper investigates how the fragmentation of the Indian party system has affected the stability of Indian legislatures, their ability to legislate, and the quality of the law-making process. Extract Justin Blount Ours is an era of constitution-making. Next in line, Robert D. Comparative Constitutional Design Ginsburg Tom can be very useful guide, and comparative constitutional design ginsburg tom play an important role in your products. Together these two sets of developments produce new challenges to existing political arrangements. The article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich experience of the Russian Constitution of 1993.