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.
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Produktdetaljer
ISBN
9780226564418
Publisert
2023
Utgiver
University of Chicago Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter