This edited volume is an informative, insightful, and comprehensive reference tool for those seeking to understand the conditions, causes, and consequences of the contemporary decline in many constitutional democratic orders worldwide. It makes a valuable contribution to the multidisciplinary scholarship in democratization, legal theory, and comparative politics, particularly with its theoretical tools and empirical assessments that improve our understanding of the current defects of democratic regimes.

Salvador Santino F. Regilme, Democratization

Constitutional Democracy in Crisis? ... is a landmark account, compulsory reading for any student of comparative constitutional analysis. Containing a wide range of country studies from constitutional lawyers, it also includes multi-disciplinary investigations into the factors shaping the last decade of decline.

Martin Loughlin, Oxford Journal of Legal Studies

Many are convinced that liberal constitutional democracy is in the midst of a severe crisis, and is being replaced by illiberal constitutional democracy. This important book analyses the reasons for this development, both at the global level and at the national level. It presents original and illuminating answers to the question, 'Why is this shift occurring?' This scholarly foundation is necessary for finding answers to the question of how this trend can be reversed. The time is right for this book to be published by its first-class authors, and it provides the intellectual foundations necessary for each of us to cope with the changes that are occurring in our own constitutional democracies, and to try to turn the tide. For me, as a retired judge, the book provides food for thought about where we went wrong, and what we can do to take us in a new direction.

Aharon Barak, former President of the Supreme Court of Israel; Professor of Law at IDC Herzliya

Se alle

Constitutional democracies around the world are suffering assaults from within. Globally, political freedoms are becoming weaker. Democracy does not necessarily guarantee prosperity. This book provides a superb appraisal of democracy's current crisis. Those who wish to learn about what is happening to constitutional democracies around the world should read this groundbreaking, multiperspective, and transdisciplinary book.

Sabino Cassese, Emeritus Justice, Italian Constitutional Court; Emeritus Professor, University of Rome

To question the current health of constitutional democracy is implicitly to affirm that there are more chapters to be written before we arrive at the end of history. Fortunately, we now have the exquisitely crafted chapters in this unique collection of essays to help us make sense of our current predicament. Written against the backdrop of a multitude of ominous developments that have shaken confidence in the stability and endurance of liberal democratic institutions, the contributors to this timely volume explore this portentous moment from all angles, leaving the reader richly informed, if not sanguine, about future prospects. A careful reading will, however, not end in despair, for as the most disturbing threats to political freedom and economic justice emanate from within, the challenge that they represent can also be met from within.

Gary Jeffrey Jacobsohn, H. Malcolm Macdonald Professor of Constitutional and Comparative Law, University of Texas at Austin

This book is an indispensable resource for understanding the rise of illiberal populisms and the possibilities for sustaining constitutionalism and democracy. Contributors include leading global scholars of comparative constitutional law, whose chapters provide a diverse empirical base from countries around the world with which to evaluate constitutional democracy and its contemporary challenges and competitors. Theories are tested, data provided, and new concepts advanced - addressing, among other topics, the role of political parties, political leaders, religion, economic inequality, race, ethnicity, and immigration - in a set of readable and relatively short chapters that, as much as any edited scholarly collection could be, is a true "page-turner", hard to stop reading once one starts.

Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School

This rigorous, wide-ranging, and engaging volume is an indispensable guide to the current crisis of constitutional democracy. The volume's theoretical essays raise profound new questions about the relationship between constitutionalism and democracy. Its high quality empirical chapters help us understand the global reach and historical roots of the current crisis. This is a landmark book for our troubled times.

Pratap B. Mehta, Vice-Chancellor, Ashoka University; past President, Centre for Policy Research21/06/2018.

At the end of the 20th century, constitutional democracy had gained almost universal acceptance. At least, so it seemed. A decade later, we see constitutional democracy declining or mutating into more authoritarian forms of government in a number of countries. In this timely book, more than forty outstanding authors from many parts of the world offer a comprehensive analysis of this development and its causes, which should be of paramount interest not only to scholars and students of law and politics, but to everyone concerned about public affairs.

Dieter Grimm, Former Justice, Federal Constitutional Court of Germany; Professor of Law, Humboldt University Berlin

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
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1.: Mark A. Graber, Sanford Levinson, and Mark Tushnet: Constitutional Democracy in Crisis? Introduction Part I: Background 2.: Jack M. Balkin: Constitutional Crisis and Constitutional Rot 3.: Tom Ginsburg and Aziz Z. Huq: Defining and Tracking the Trajectory of Liberal Constitutional Democracy 4.: Zachary Elkins: Is the Sky Falling? Constitutional Crises in Historical Perspective 5.: Ellen Kennedy: Constitutional Failure Revisited Part II: Countries and Region 6.: Jennifer Hochschild: What's New? What's Next? Threats to the American Constitutional Order 7.: Eric A. Posner: The Trump Presidency: A Constitutional Crisis in the United States? 8.: Richard Albert and Michael Pal: The Democratic Resilience of the Canadian Constitution 9.: Ana Micaela Alterio and Roberto Niembro: Constitutional Culture and Democracy in Mexico: A Critical View of the 100-Year-Old Mexican Constitution 10.: David E. Landau: Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce 11.: Roberto Gargarella: Latin America: Constitutions in Trouble 12.: Erin F. Delaney: Brexit Optimism and British Constitutional Renewal 13.: Nicolas Roussellier: France and the Fifth Republic: Constitutional Crisis or Political Malaise? 14.: Victor Ferreres Comella: Constitutional Crisis in Spain: The Catalan Secessionist Challenge 15.: Gábor Halmai: A Coup Against Constitutional Democracy: The Case of Hungary 16.: Wojciech Sadurski: Constitutional Crisis in Poland 17.: Michaela Hailbronner: Beyond Legitimacy: Europe's Crisis of Constitutional Democracy 18.: Heinz Klug: State Capture or Institutional Resilience: Is there a Crisis of Constitutional Democracy in South Africa 19.: James Thuo Gathii: Three Types of Constitutional Crisis in Sub-Saharan Africa 20.: Ozan O. Varol: Stealth Authoritarianism in Turkey 21.: Yaniv Roznai: Israel: A Crisis of Liberal Democracy? 22.: Manoj Mate: Constitutional Erosion and the Challenge to Secular Democracy in India 23.: Rosalind Dixon and Anika Gauja: Australia's Non-Populist Democracy? The Role of Structure and Policy 24.: David S. Law and Chien-Chih Lin: Constitutional Inertia in Asia Part III: Factors 25.: Samuel Issacharoff: Populism versus Democratic Governance 26.: Desmond King and Rogers M. Smith: Populism, Racism, and the Rule of Law in Constitutional Democracies Today 27.: T. Alexander Aleinikoff: Inherent Instability: Immigration and Constitutional Democracies 28.: Kim Lane Scheppele: The Party's Over 29.: Ran Hirschl and Ayelet Shachar: 'Religious Talk' in Narratives of Membership 30.: Ganesh Sitaraman: Economic Inequality and Constitutional Democracy 31.: David Schneiderman: Disabling Constitutional Capacity: Global Economic Law and Democratic Decline 32.: Sujit Choudhry: Will Democracy Die in Darkness? Calling Autocracy by its Name 33.: Oren Gross: The Normal Exception 34.: Robert V. Percival: The Climate Crisis and Constitutional Democracies Part IV: Observations 35.: J.H.H. Weiler: The Crumbling of European Democracy 36.: Mark Tushnet: Comparing Right-Wing and Left-Wing Populism 37.: Sanford Levinson: The Continuing Specter of Popular Sovereignty and National Self-Determination in an Age of Political Uncertainty 38.: Mark A. Graber: What's in Crisis? The Postwar Constitutional Paradigm, Tranformative Constitutionalism, and the Fate of Constitutional Democracy List of Contributors Acknowledgments Index
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"This edited volume is an informative, insightful, and comprehensive reference tool for those seeking to understand the conditions, causes, and consequences of the contemporary decline in many constitutional democratic orders worldwide. It makes a valuable contribution to the multidisciplinary scholarship in democratization, legal theory, and comparative politics, particularly with its theoretical tools and empirical assessments that improve our understanding of the current defects of democratic regimes." -- Salvador Santino F. Regilme, Democratization "Constitutional Democracy in Crisis? ... is a landmark account, compulsory reading for any student of comparative constitutional analysis. Containing a wide range of country studies from constitutional lawyers, it also includes multi-disciplinary investigations into the factors shaping the last decade of decline." -- Martin Loughlin, Oxford Journal of Legal Studies "Many are convinced that liberal constitutional democracy is in the midst of a severe crisis, and is being replaced by illiberal constitutional democracy. This important book analyses the reasons for this development, both at the global level and at the national level. It presents original and illuminating answers to the question, 'Why is this shift occurring?' This scholarly foundation is necessary for finding answers to the question of how this trend can be reversed. The time is right for this book to be published by its first-class authors, and it provides the intellectual foundations necessary for each of us to cope with the changes that are occurring in our own constitutional democracies, and to try to turn the tide. For me, as a retired judge, the book provides food for thought about where we went wrong, and what we can do to take us in a new direction." -- Aharon Barak, former President of the Supreme Court of Israel; Professor of Law at IDC Herzliya "Constitutional democracies around the world are suffering assaults from within. Globally, political freedoms are becoming weaker. Democracy does not necessarily guarantee prosperity. This book provides a superb appraisal of democracy's current crisis. Those who wish to learn about what is happening to constitutional democracies around the world should read this groundbreaking, multiperspective, and transdisciplinary book." -- Sabino Cassese, Emeritus Justice, Italian Constitutional Court; Emeritus Professor, University of Rome "To question the current health of constitutional democracy is implicitly to affirm that there are more chapters to be written before we arrive at the end of history. Fortunately, we now have the exquisitely crafted chapters in this unique collection of essays to help us make sense of our current predicament. Written against the backdrop of a multitude of ominous developments that have shaken confidence in the stability and endurance of liberal democratic institutions, the contributors to this timely volume explore this portentous moment from all angles, leaving the reader richly informed, if not sanguine, about future prospects. A careful reading will, however, not end in despair, for as the most disturbing threats to political freedom and economic justice emanate from within, the challenge that they represent can also be met from within." -- Gary Jeffrey Jacobsohn, H. Malcolm Macdonald Professor of Constitutional and Comparative Law, University of Texas at Austin "This book is an indispensable resource for understanding the rise of illiberal populisms and the possibilities for sustaining constitutionalism and democracy. Contributors include leading global scholars of comparative constitutional law, whose chapters provide a diverse empirical base from countries around the world with which to evaluate constitutional democracy and its contemporary challenges and competitors. Theories are tested, data provided, and new concepts advanced - addressing, among other topics, the role of political parties, political leaders, religion, economic inequality, race, ethnicity, and immigration - in a set of readable and relatively short chapters that, as much as any edited scholarly collection could be, is a true "page-turner", hard to stop reading once one starts." -- Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School "This rigorous, wide-ranging, and engaging volume is an indispensable guide to the current crisis of constitutional democracy. The volume's theoretical essays raise profound new questions about the relationship between constitutionalism and democracy. Its high quality empirical chapters help us understand the global reach and historical roots of the current crisis. This is a landmark book for our troubled times." -- Pratap B. Mehta, Vice-Chancellor, Ashoka University; past President, Centre for Policy Research "At the end of the 20th century, constitutional democracy had gained almost universal acceptance. At least, so it seemed. A decade later, we see constitutional democracy declining or mutating into more authoritarian forms of government in a number of countries. In this timely book, more than forty outstanding authors from many parts of the world offer a comprehensive analysis of this development and its causes, which should be of paramount interest not only to scholars and students of law and politics, but to everyone concerned about public affairs." -- Dieter Grimm, Former Justice, Federal Constitutional Court of Germany; Professor of Law, Humboldt University Berlin
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Mark A. Graber is University of Maryland Regents Professor at the Francis King Carey School of Law Sanford Levinson is W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School
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Selling point: Focuses on the pressing issue of the survival of liberal democracy and the nature of the threats it faces Selling point: Showcases scholarly contributions that are topical, international, and interdisciplinary Selling point: Examines crosscutting themes, including climate change, religious fundamentalism, terrorism, economic inequality, globalization, immigration, populism, and racism
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Produktdetaljer

ISBN
9780190888985
Publisert
2018
Utgiver
Oxford University Press Inc
Vekt
1134 gr
Høyde
163 mm
Bredde
236 mm
Dybde
43 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
738

Biografisk notat

Mark A. Graber is University of Maryland Regents Professor at the Francis King Carey School of Law Sanford Levinson is W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School