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Constitutional Courts and Deliberative Democracy
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
O discreto charme da magistocracia
Este volume traz a reunião de textos críticos de Conrado Hübner, que mudou o jornalismo político quando passou a escrever em publicações não especializadas. Como colunista da Folha de S. Paulo, tornou-se leitura imprescindível para leigos, políticos, advogados, procuradores e juízes. Semanalmente, comenta os usos e abusos das cortes superiores, em especial do Supremo. Capta, para além do leguleio dos meritíssimos, as práticas da casta que batizou de "magistocracia"
The Oxford Handbook of Constitutional Law in Latin America
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between ...
O caminho da autocracia
Um passo a passo de como os governos autoritários são implantados no mundo O caos social, cultural e político instaurado a partir da eleição de governantes extremistas vem demonstrando que os parâmetros do século 20 para compreender noções como golpe de Estado, democracia, ditadura e eleições livres carecem de atualização. Como democracias consolidadas puderam se mostrar tão vulneráveis? Como as novas dinâmicas da comunicação ajudaram a vilanizar e perseguir organizações não governamentais, universidades, instituições de direitos humanos e veículos de imprensa – e também as pessoas físicas que os representam? O caminho da autocracia: Estratégias atuais de erosão...
Constitutional Origin and Norm Creation in Colombia
This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st century and develops the concept of the deliberative judge. Taking the case of the Colombian Constitutional Court and drawing on neoinstitutional theory to explain the relationship between political crisis and institutional reforms, the book challenges the notion of rational choice institutionalism that agents act strategically. It indicates the limits of path dependence and argues instead that discursive institutionalism is the most appropriate method for analyzing processes of institutional learning. Combining theoretical and empirical research, it builds the argument that judicial independence promotes the case for deliberative democracy over rational choice or strategic action approaches. Finally, the book suggests that by introducing communicative and cognitive variables in our understanding of key actors and processes, we are more capable of bridging institutional origin and legacy. The work will be a valuable resource for academics, researchers, and policy-makers in Constitutional Law, Constitutional Politics, and Constitutional History.
The Alchemists
This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
The Cambridge Handbook of Comparative Law
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Public Administration and Expertise in Democratic Governments
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
Judging European Democracy
In several EU Member States, constitutional courts have reviewed European law on its compatibility with national constitutional law. These judgments deal with issues of major importance such as EU democratic legitimacy, the protection of fundamental rights, and the status of national sovereignty within the EU. Yet should national courts decide such issues of key constitutional significance for the EU? Or is it more democratic to leave these matters to political institutions that represent Europe's citizens and are politically accountable to them? In Judging European Democracy, Nik de Boer argues that the national courts' review of European law can actually constrain democratic debate over th...
The Wannabe Fascists
Meet today's almost fascists and learn the warning signs to intercept them on the road from populism to dictatorship. With The Wannabe Fascists, historian Federico Finchelstein offers a precise explanation of why Trumpism and similar movements across the world belong to a new political breed, the last outcome of the combined histories of fascism and populism: the wannabe fascists. This new type of populist politician is typically a legally elected leader who, unlike previous populists who were eager to distance themselves from fascism, turns to totalitarian lies, racism, and illegal means to destroy democracy from within. Drawing on almost three decades of research on the histories of fascis...
