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Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new const...
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
What determines the capacity of countries to design, approve and implement effective public policies? To address this question, this book builds on the results of case studies of political institutions, policymaking processes, and policy outcomes in eight Latin American countries. The result is a volume that benefits from both micro detail on the intricacies of policymaking in individual countries and a broad cross-country interdisciplinary analysis of policymaking processes in the region.
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Introduction -- The lawless unity of the people : the legalists and radicals' consensus -- Extraordinary adaptation : an illegal and plural people -- The enemies clash : lawless constitution-making in Venezuela and Ecuador -- The lover's quarrel : partially inclusive extraordinary adaptation in Colombia. The enemies' truce : inclusive extraordinary adaptation in Bolivia -- Conclusion.
Rather than an unintended by-product of poor state capacity, weak political and legal institutions are often weak by design.
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
The study of institutions, a core concept in comparative politics, has produced many rich and influential theories on the economic and political effects of institutions, yet it has been less successful at theorizing their origins. In Fixing Democracy, Javier Corrales develops a theory of institutional origins that concentrates on constitutions and levels of power within them. He reviews numerous Latin American constituent assemblies and constitutional amendments to explore why some democracies expand rather than restrict presidential powers and why this heightened presidentialism discourages democracy. His signal theoretical contribution is his elaboration on power asymmetries. Corrales dete...