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Oxford Law Citator
Constitutional Democracy in Crisis? edited by Graber, Mark A; Levinson, Sanford; Tushnet, Mark (24th October 2018)
Praise for: Constitutional Democracy in Crisis?
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.
2 Constitutional Crisis and Constitutional Rot
What Is a Constitutional Crisis?
Are We in a Period of Constitutional Crisis?
Are We Experiencing Constitutional Rot?
3 Defining and Tracking the Trajectory of Liberal Constitutional Democracy
Defining Liberal Constitutional Democracy
Tracking the Current Arc of Liberal Constitutional Democracy
Whither the Global Democratic Recession?
4 Is the Sky Falling? Constitutional Crises in Historical Perspective
We’ve Been Here Before
A Crisis of What, Exactly?
Measuring Democracy’s Components
A Step Change in Democracy and Its Components?
Democracies: Slow to Build, Quick to Break?
Trouble Spots (and Some Not-So-Troubled Spots)
Facing Up to the Heart of the Problem: Polarization
5 Constitutional Failure Revisited
Law and Disorder: Article 48
Article 48 at Weimar’s End
II Countries and Regions
6 What’s New? What’s Next? Threats to the American Constitutional Order
Mostly Sound and Fury?
Cosmopolitan Versus Local: Undermining Democratic Governance.
Hostility and Degradation: Challenging Liberal Governance.
7 The Trump Presidency: A Constitutional Crisis in the United States?
Constitutional Crises: Definitions and Examples
The Trump Administration
Implications: Three Futures
Amend the Constitution or the Country?
8 The Democratic Resilience of the Canadian Constitution
Introduction—Institutional Design or Constitutional Values?
Features of Constrained Parliamentary Systems
Constrained Parliamentarism in Canada
Executive Accountability to the Legislature
The Constraint of a Codified Constitution
The Primacy of the Lower House
The Judicial Constraint
The Democracy Branch
Fourth Branch in Theory and Practice
Canada’s Fourth Branch of Government
The Political but Not Politicized Court
The Judicialization of Mega-politics
The Role of the Supreme Court of Canada
Conclusion—Challenges to Democratic Resilience
9 Constitutional Culture and Democracy in Mexico: A Critical View of the 100-Year-Old Mexican Constitution
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
10 Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce
The Constituent Assembly of Hugo Chávez: The First Time as Tragedy
The Chávez Regime and Competitive Authoritarianism
Maduro and the Slide toward Full Authoritarianism
The Constituent Assembly of Nicolas Maduro: The Second Time as Farce
11 Latin America: Constitutions in Trouble
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
12 Brexit Optimism and British Constitutional Renewal
The Constitution, Parliamentary Sovereignty, and British Democracy
Accelerating Change and Party Fragmentation
The Rise of Referendum Politics
Calling the Referendum
Preparing the Bill
Running the Campaign
The Opportunity for Constitutional Renewal
13 France and the Fifth Republic: Constitutional Crisis or Political Malaise?
14 Constitutional Crisis in Spain: The Catalan Secessionist Challenge
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
The “Rule of Law Revolution” of 1989 and the “Constitutional Counter-Revolution” after 2010
Causes of Democratic Backslash
A Populist Illiberal System
16 Constitutional Crisis in Poland
Paralyzing and Transforming the Constitutional Tribunal
Subjecting the “Regular” Judiciary to the Ruling Party
Delegitimizing the Opposition
Assault on Individual Rights
Right of Assembly
Freedom of Speech
Counterterrorism Measures and Police Act
17 Beyond Legitimacy: Europe’s Crisis of Constitutional Democracy
Crisis of Constitutional Democracy
Application to the European Union
Three Crises and Their Effects on European Constitutional Democracy
The Debt Crisis
The “Migration Crisis”
Right-Wing Politics and the Return of Populism
Legitimacy Crisis as a Crisis of Constitutional Democracy?
18 State Capture or Institutional Resilience: Is There a Crisis of Constitutional Democracy in South Africa?
Corruption and Constitutional “Lawfare”
The Undermining of Democratic and Constitutional Institutions
The Role of the Courts in Defending Constitutional Institutions
Conclusion: Political Change and Constitutional Resilience
19 Term Limits and Three Types of Constitutional Crisis in Sub-Saharan Africa
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
20 Stealth Authoritarianism in Turkey
Selective Prosecutions of Political Opponents for Nonpolitical Crimes
Democratic Reforms and Rhetoric
Formal Constitutional Changes
Toward a Presidential System
The July 2016 Coup d’État Attempt
The April 2017 Referendum
21 Israel: A Crisis of Liberal Democracy?
The “Constitutional Revolution”
Is Democracy in Crisis?
Fulfillment—Not Crisis—of Democracy
“Cry Wolf” or a Natural Balance
Constitutional Retrogression or Capture
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
23 Australia’s Non-Populist Democracy?: The Role of Structure and Policy
The Australian Political and Electoral Landscape
Democratic Non-Stability: The Rise of One Nation
Australian Electoral and Constitutional Safeguards
Preferential Voting and the Electoral System
Defeating (or Advancing) Populism?
Conclusion: Comparative Lessons
24 Constitutional Inertia and Regime Pluralism in Asia
1 The Contagion Hypothesis
2 The Constitutional Inertia Hypothesis
3 The Regime Performance Hypothesis
25 Populism versus Democratic Governance
The Temporal Dimension of Democracy.
Norms of Governance.
26 Populism, Racism, and the Rule of Law in Constitutional Democracies Today
Definitions and Parameters
Transformative Constitutionalism and the New Populisms
Populism and Constitutional Challenges: Some Mechanisms
Declining Responsiveness to Voters’ Preferences
Building Differential Influence and Access
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
27 Inherent Instability: Immigration and Constitutional Democracies
The Impact of Immigration on the State-Territory-Citizen Construct
Challenges to the State-Territory-Citizen Construct: Noncitizen Claims for Inclusion
At the Founding
Who Can Participate?
Values Intrinsic to the (Particular) Constitutional Order
Workers or Human Beings?
How Migration Strengthens the State-Territory-Citizen Construct
A (Provisional) Constitutional Settlement
The Current State of Play
The “Crisis” of Immigration
Flipping Normative Claims for Inclusion
Demography as Destiny
28 The Party’s Over
Parties and the Political Tsunami: A Tale of Two Countries
Politics Has Failed the People, Not the Other Way Around
What Is to Be Done?
29 “Religious Talk” in Narratives of Membership
Constitutionalism and Religion: Four Frontiers of Clash
Who Belongs? Religious Talk and the Surge of Populist Nationalism
30 Economic Inequality and Constitutional Democracy
A Global Gilded Age
The Importance of Economic Equality for Constitutional Democracy
Constitutional Design and Economic Inequality: Four Types
Type 1: Class Warfare Constitutions.
Type 2: Anti-poverty Constitutions.
Type 3: Anti-oligarchy Constitutions.
Type 4: Middle-class Constitutions.
The Mismatch Problem and the Future of Constitutional Democracy
31 Disabling Constitutional Capacity: Global Economic Law and Democratic Decline
The Ties That Bind
Capsule Country Studies
32 Will Democracy Die in Darkness?: Calling Autocracy by Its Name
The Washington Post’s New Slogan
Eric Holder’s Tweet
La Suite Polonaise
The End of History?
Presidential Impeachment through the Comparative Looking Glass
Back to America
33 The Normal Exception
Legal Background for the Exercise of Emergency Powers under French Law
Origins: The State of Siege (État de Siege)
The State of Emergency (État D’urgence)
The State of Emergency Comes to France
Back to the Future: November 2005
The Normalization of the Exception
Periodic Renewals of the State of Emergency
The Exception Becomes the New Legal Norm
34 The Climate Crisis and Constitutional Democracies
The Political Challenge of the Climate Crisis
Constitutions, the Judiciary, and the Climate Crisis
Subnational Governments and the Climate Crisis
Efforts to Overcome a Global “Tragedy of the Commons”
35 The Crumbling of European Democracy
The New Democratic Deficit
The Hollowing of European Democracy
Three Legitimacy Crises
36 Comparing Right-Wing and Left-Wing Populism
Developing Criteria for Evaluating Whether Populism Is Anti-liberal
An Important Objection
The Origins of Contemporary Populism
Right-Wing and Left-Wing Populism Compared
A Note on the Role of Political Leaders
“Deconstructing the Administrative State”
37 The Continuing Specter of Popular Sovereignty and National Self-Determination in an Age of Political Uncertainty
“We the People” as the Singular Source of Legitimacy
38 What’s in Crisis? The Postwar Constitutional Paradigm, Transformative Constitutionalism, and the Fate of Constitutional Democracy
The Thickening of Constitutional Democracy
The Right-Wing Populist Surge
The Hollowing of Constitutional Democracy
More Politics, Less Law
Woodrow Wilson’s Constitutional Democracy Revisited
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Edited By: Mark A. Graber, Sanford Levinson, Mark Tushnet
Constitutional Democracy in Crisis?
Edited By: Mark A. Graber, Sanford Levinson, Mark Tushnet
Oxford Constitutions of the World [OCW]
Published in print:
24 October 2018
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