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Contents
- Preliminary Material
- Main Text
- 1 Constitutional Democracy in Crisis?: Introduction
- (1) Trends Toward Constitutional Democracy have Stalled and may be Reversing.
- (2) The Conventional Foundations of Constitutional Democracy are Weakening.
- (3) Several Regimes Held up as Role Models of New Transformative Constitutional Democracies in the Recent Past are Now Facing Severe Tensions, While No New Model Constitutional Regime has Emerged During the Past Ten Years.
- (4) Threats to Constitutional Democracy are Increasingly Global Rather than Distinctive to Particular Regimes.
- (5) Constitutional Democracies must Perform more Tasks than Ever Before, with Higher, Potentially Catastrophic Costs for Policy Errors.
- (6) Constitutional Problems in the United States may be Fueling Concerns that Constitutional Democracy is in Trouble.
- I Background
- II Countries and Regions
- 6 What’s New? What’s Next? Threats to the American Constitutional Order
- 7 The Trump Presidency: A Constitutional Crisis in the United States?
- 8 The Democratic Resilience of the Canadian Constitution
- 9 Constitutional Culture and Democracy in Mexico: A Critical View of the 100-Year-Old Mexican Constitution
- Introduction
- Constitutional Culture
- Why Constitutional Culture Matters
- The Mexican Constitution as the Expression of Political Elites’ Culture
- The Last Threat to Constitutional Culture
- Amendment Procedure, Popular Interpretation, and Constitutional Culture
- Lessons from Latin-American Constitutionalism
- Conclusion
- 10 Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce
- 11 Latin America: Constitutions in Trouble
- Introduction
- Writing Constitutions in the Context of Plural Societies: Latin America’s “Accumulation” Strategy in the Nineteenth Century
- Social Constitutionalism in the Twentieth Century
- Tensions between Rights
- Tensions in the Organization of Powers
- Unbalanced Constitutions and Hyper-presidentialism
- Tensions between the Organization of Powers and the Declaration of Rights
- Conclusion
- 12 Brexit Optimism and British Constitutional Renewal
- 13 France and the Fifth Republic: Constitutional Crisis or Political Malaise?
- 14 Constitutional Crisis in Spain: The Catalan Secessionist Challenge
- Introduction
- The Constitutional Framework
- The 2006 Statute of Autonomy of Catalonia
- The Rise of the Secessionist Movement: The Elections of November 2012, and the Popular Consultation of November 2014
- The Catalan Parliamentary Elections of September 2015 and the Referendum of October 2017
- The Proclamation of the Catalan Republic and the Spanish Government’s Reaction
- Catalan Secessionism as a Form of Populism
- The Difficult Way Forward
- 15 A Coup Against Constitutional Democracy: The Case of Hungary
- 16 Constitutional Crisis in Poland
- 17 Beyond Legitimacy: Europe’s Crisis of Constitutional Democracy
- 18 State Capture or Institutional Resilience: Is There a Crisis of Constitutional Democracy in South Africa?
- 19 Term Limits and Three Types of Constitutional Crisis in Sub-Saharan Africa
- Introduction
- Constitutional Crisis Arising from Fundamental Disagreements That Result in Extraordinary Forms of Protest
- Constitutional Crisis Arising from Suspensions of the Constitution
- When Actors Believe Fidelity to the Constitution Requires Them to Act in Ways That Lead to Constitutional Crisis
- Conclusion
- 20 Stealth Authoritarianism in Turkey
- 21 Israel: A Crisis of Liberal Democracy?
- 22 Constitutional Erosion and the Challenge to Secular Democracy in India
- Secularism and the Indian Constitutional Framework
- The Rise of the BJP in National Politics and the Ayodhya Controversy
- The Political and Constitutional Response: The Supreme Court and Secularism
- Constitutional Erosion in Elections and Governance in the Post-Hindutva Cases Era
- The Current Challenge to Secularism in the Post-2014 Era
- The Erosion of Secularism in Governance
- The Erosion of Secularism in Elections and Campaigns
- Conclusion
- 23 Australia’s Non-Populist Democracy?: The Role of Structure and Policy
- 24 Constitutional Inertia and Regime Pluralism in Asia
- III Factors
- 25 Populism versus Democratic Governance
- 26 Populism, Racism, and the Rule of Law in Constitutional Democracies Today
- Definitions and Parameters
- Populism and Constitutional Challenges: Some Mechanisms
- Declining Responsiveness to Voters’ Preferences
- Building Differential Influence and Access
- Rising Inequality
- Redirection and Misdirection of Senses of Powerlessness and Grievance
- Persistent Discrimination Limiting the Economic Resources of Ethnocultural Minorities
- Weakening the Right to Vote, Especially for Ethnocultural Minorities
- Opposition to Judicial Independence in the Service of Rights of the Less Advantaged
- Constitutional Crisis?
- 27 Inherent Instability: Immigration and Constitutional Democracies
- 28 The Party’s Over
- 29 “Religious Talk” in Narratives of Membership
- 30 Economic Inequality and Constitutional Democracy
- 31 Disabling Constitutional Capacity: Global Economic Law and Democratic Decline
- 32 Will Democracy Die in Darkness?: Calling Autocracy by Its Name
- 33 The Normal Exception
- 34 The Climate Crisis and Constitutional Democracies
- IV Observations
- 35 The Crumbling of European Democracy
- 36 Comparing Right-Wing and Left-Wing Populism
- 37 The Continuing Specter of Popular Sovereignty and National Self-Determination in an Age of Political Uncertainty
- 38 What’s in Crisis? The Postwar Constitutional Paradigm, Transformative Constitutionalism, and the Fate of Constitutional Democracy
- 1 Constitutional Democracy in Crisis?: Introduction
- Further Material