Constitutional Democracy in Crisis?

Author: Mark A. Graber; Sanford Levinson; Mark Tushnet
Publisher: Oxford University Press
ISBN: 9780190919719
Published In: December 2018
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Is the world facing a serious threat to the protection of constitutional democracy?

There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989?

Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism?

Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

1.: Constitutional Democracy in Crisis? Introduction, Mark A.Graber, Sanford Levinson, and Mark Tushnet

Part I: Background

2.: Constitutional Crisis and Constitutional Rot, Jack M. Balkin

3.: Defining and Tracking the Trajectory of Liberal Constitutional Democracy, Tom Ginsburg and Aziz Z. Huq

4.: Is the Sky Falling? Constitutional Crises in Historical Perspective, Zachary Elkins

5.: Constitutional Failure Revisited, Ellen Kennedy

Part II: Countries and Regions

6.: What's New? What's Next? Threats to the American Constitutional Order, Jennifer Hochschild

7.: The Trump Presidency: A Constitutional Crisis in the United States?, Eric A. Posner

8.: The Democratic Resilience of the Canadian Constitution, Richard Albert and Michael Pal

9.: Constitutional Culture and Democracy in Mexico: A Critical View of the 100-Year-Old Mexican Constitution, Ana Micaela Alterio and Roberto Niembro

10.: Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce, David E. Landau

11.: Latin America: Constitutions in Trouble, Roberto Gargarella

12.: Brexit Optimism and British Constitutional Renewal, Erin F. Delaney

13.: France and the Fifth Republic: Constitutional Crisis or Political Malaise?, Nicolas Roussellier

14.: Constitutional Crisis in Spain: The Catalan Secessionist Challenge, Victor Ferreres Comella

15.: A Coup Against Constitutional Democracy: The Case of Hungary, Gábor Halmai

16.: Constitutional Crisis in Poland, Wojciech Sadurski

17.: Beyond Legitimacy: Europe's Crisis of Constitutional Democracy, Michaela Hailbronner

18.: State Capture or Institutional Resilience: Is there a Crisis of Constitutional Democracy in South Africa, Heinz Klug

19.: Three Types of Constitutional Crisis in Sub-Saharan Africa, James Thuo Gathii

20.: Stealth Authoritarianism in Turkey, Ozan O. Varol

21.: Israel: A Crisis of Liberal Democracy?, Yaniv Roznai

22.: Constitutional Erosion and the Challenge to Secular Democracy in India, Manoj Mate

23.: Australia's Non-Populist Democracy? The Role of Structure and Policy, Rosalind Dixon and Anika Gauja

24.: Constitutional Inertia in Asia, David S. Law and Chien-Chih Lin

Part III: Factors

25.: Populism versus Democratic Governance, Samuel Issacharoff

26.: Populism, Racism, and the Rule of Law in Constitutional Democracies Today, Desmond King and Rogers M. Smith

27.: Inherent Instability: Immigration and Constitutional Democracies, Alexander Aleinikoff

28.: The Party's Over, Kim Lane Scheppele

29,: 'Religious Talk' in Narratives of Membership, Ran Hirschl and Ayelet Shachar

30.: Economic Inequality and Constitutional Democracy, Ganesh Sitaraman

31.: Disabling Constitutional Capacity: Global Economic Law and Democratic Decline, David Schneiderman

32.: Will Democracy Die in Darkness? Calling Autocracy by its Name, Sujit Choudhry

33.: The Normal Exception, Oren Gross

34.: The Climate Crisis and Constitutional Democracies, Robert V. Percival

Part IV: Observations

35.: The Crumbling of European Democracy, J.H.H. Weiler

36.: Comparing Right-Wing and Left-Wing Populism, Mark Tushnet

37.: The Continuing Specter of Popular Sovereignty and National Self-Determination in an Age of Political Uncertainty, Sanford Levinson

38.: What's in Crisis? The Postwar Constitutional Paradigm, Tranformative Constitutionalism, and the Fate of Constitutional Democracy, Mark A. Graber

List of Contributors

Acknowledgments

Index

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