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The Collapse of Constitutional Remedies
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
How to Save a Constitutional Democracy
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 coun...
Just Algorithms
Properly developed algorithms can reduce incarceration and help policymakers adopt more legally sophisticated bail and sentencing practices.
Unchecked And Unbalanced
Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power's limits. Decisions are routinely executed at senior levels within...
Freedom
Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings r...
Assessing Constitutional Performance
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
The Empire of Disgust
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.
Constitutional Triumphs, Constitutional Disappointments
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
From Parchment to Practice
Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
Constitutional Idolatry and Democracy
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
