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Author: Todd A. Eisenstadt Publisher: Cambridge University Press ISBN: 1316739376 Category : Law Languages : en Pages : 223
Book Description
Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in seventy-seven countries following the adoption of a new constitution, but it decreased or stayed the same in forty-seven others. This book demonstrates that increased participation in the forming of constitutions positively impacts levels of democracy. It is discovered that the degree of citizen participation at the 'convening stage' of constitution-making has a strong effect on levels of democracy. This finding defies the common theory that levels of democracy result from the content of constitutions, and instead lends support to 'deliberative' theories of democracy. Patterns of constitutions are then compared, differentiating imposed and popular constitution-making processes, using case studies from Chile, Nigeria, Gambia, and Venezuela to illustrate the dynamics specific to imposed constitution-making, and case studies from Colombia, Ecuador, Egypt, and Tunisia to illustrate the specific dynamics of popular constitution-making.
Author: Todd A. Eisenstadt Publisher: Cambridge University Press ISBN: 1316739376 Category : Law Languages : en Pages : 223
Book Description
Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in seventy-seven countries following the adoption of a new constitution, but it decreased or stayed the same in forty-seven others. This book demonstrates that increased participation in the forming of constitutions positively impacts levels of democracy. It is discovered that the degree of citizen participation at the 'convening stage' of constitution-making has a strong effect on levels of democracy. This finding defies the common theory that levels of democracy result from the content of constitutions, and instead lends support to 'deliberative' theories of democracy. Patterns of constitutions are then compared, differentiating imposed and popular constitution-making processes, using case studies from Chile, Nigeria, Gambia, and Venezuela to illustrate the dynamics specific to imposed constitution-making, and case studies from Colombia, Ecuador, Egypt, and Tunisia to illustrate the specific dynamics of popular constitution-making.
Author: Todd A. Eisenstadt Publisher: ISBN: 9781316749029 Category : Constitutional law Languages : en Pages : 224
Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory
Author: Todd A. Eisenstadt Publisher: Cambridge University Press ISBN: 1107168228 Category : Law Languages : en Pages : 223
Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author: Carwil Bjork-James Publisher: University of Arizona Press ISBN: 0816540152 Category : Social Science Languages : en Pages : 305
Book Description
In the early twenty-first century Bolivian social movements made streets, plazas, and highways into the decisively important spaces for acting politically, rivaling and at times exceeding voting booths and halls of government. The Sovereign Street documents this important period, showing how indigenous-led mass movements reconfigured the politics and racial order of Bolivia from 1999 to 2011. Drawing on interviews with protest participants, on-the-ground observation, and documentary research, activist and scholar Carwil Bjork-James provides an up-close history of the indigenous-led protests that changed Bolivia. At the heart of the study is a new approach to the interaction between protest actions and the parts of the urban landscape they claim. These “space-claiming protests” both communicate a message and exercise practical control over the city. Bjork-James interrogates both protest tactics—as experiences and as tools—and meaning-laden spaces, where meaning is part of the racial and political geography of the city. Taking the streets of Cochabamba, Sucre, and La Paz as its vantage point, The Sovereign Streetoffers a rare look at political revolution as it happens. It documents a critical period in Latin American history, when protests made headlines worldwide, where a generation of pro-globalization policies were called into question, and where the indigenous majority stepped into government power for the first time in five centuries.
Author: Tofigh Maboudi Publisher: Cambridge University Press ISBN: 1009020714 Category : Law Languages : en Pages : 287
Book Description
Constitutional bargains are seen as cornerstones of democratic transitions in much of the world. Yet very few studies have theorized about the link between constitution-making and democratization. Shifting the focus on democratization away from autocratic regime break down, this book considers the importance of inclusive constitution-building for democratization. In this pathbreaking volume, Tofigh Maboudi draws on a decade of research on the Arab Spring to explain when and how constitutional bargains facilitate (or hinder) democratization. Here, he argues that constitutional negotiations have a higher prospect of success in establishing democracy if they resolve societal, ideological, and political ills. Emphasizing the importance of constitution-making processes, Maboudi shows that constitutions can resolve these problems best through participatory and inclusive processes. Above all, The 'Fall' of the Arab Spring demonstrates that civil society is the all-important link that connects constitutional bargaining processes to democratization.
Author: Whitney K. Taylor Publisher: Cambridge University Press ISBN: 1009367757 Category : Law Languages : en Pages : 277
Book Description
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Author: Jeffrey A. Lenowitz Publisher: Oxford University Press ISBN: 019259348X Category : Law Languages : en Pages : 401
Book Description
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Author: Todd A. Eisenstadt
Author: Todd A. Eisenstadt
Author: Todd A. Eisenstadt
Author: Todd A. Eisenstadt
Author: Carwil Bjork-James
Author: Tofigh Maboudi
Author: Whitney K. Taylor
Author: Alphonse de Lamartine
Author: Jeffrey A. Lenowitz
Author: 
Author: Charles George Herbermann