Fragile Democracies: Contested Power in the Era of Constitutional Courts

Administrative / Constitutional Law

Fragile Democracies: Contested Power in the Era of Constitutional Courts

By Samuel Issacharoff
Cambridge University Press June 2015

Specifications

ISBN-13
9781107654549
Publisher
Cambridge University Press
Publication
June 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the Arab Spring. What lessons can be drawn from these struggles? What conditions or institutions are needed to prevent the collapse of democracy?

This book argues that the most significant antidote to authoritarianism is the presence of strong constitutional courts. Distinct in the third wave of democratization, these courts serve as a bulwark against vulnerability to external threats as well as internal consolidation of power.

Particular attention is given to societies riven by deep divisions of race, religion, or national background, for which the courts have become pivotal actors in allowing democracy to take root.

Table of Contents

Introduction: the burden of modern democracy

Part I. Militant Democracy:
1. The American paradox
2. The boundaries of democracy
3. Types of threats
4. Responses to antidemocratic threats
5. Judging militant democracy

Part II. Competitive Democracy:
6. Giving up power
7. The promise of constitutional democracy
8. Transition in South Africa
9. The era of constitutional courts
10. The constitutional bargain
11. Can law protect democracy?
12. Constitutionalism in the time of fragile democracies

Epilogue: democratic objectives.
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