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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.
The Alchemists
This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
The Structure of Pluralism
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal posit...
The Global South and Comparative Constitutional Law
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction have only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.
The Invisible Constitution in Comparative Perspective
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
Law, Liberty, and the Rule of Law
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It ...
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...
Democratic Government and Constitutional Jurisdiction
This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
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.
