The Entrenchment of Democracy: The Comparative Constitutional Design of Elections, Parties and Voting

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The Entrenchment of Democracy: The Comparative Constitutional Design of Elections, Parties and Voting

Edited by Tom Ginsburg · Aziz Z. Huq · Tarun Khaitan
Cambridge University Press December 2024

Specifications

ISBN-13
9781009447737
Publisher
Cambridge University Press
Publication
December 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This volume of essays brings together a group of leading political scientists, legal scholars and political theorists to describe and analyze the body of constitutional law and practice within and upon democratic institutions, in particular examining how constitutional law shapes electoral democracy. Constitutional law and practice is complex and varied and so this volume takes a thematic and regional approach: it selects a range of key theoretical questions related to democratic constitutional design, and offers a range of chapters featuring a diverse range of voices, as well as a blend of theory, qualitative studies, and quantitative methods. Readers will gain a multi-faceted understanding of a phenomenon of growing importance and it will be useful to students of comparative constitutionalism, who will gain a rich array of empirical evidence to stimulate further work.

Table of Contents

1. Introduction Tom Ginsburg, Aziz Huq and Tarun Khaitan

Part I. Understanding the Crisis:
2. Majoritarianism and minoritarianism in the law of democracy Sam Issacharoff and Richard H. Pildes
3. Constitutions & abusive electoral regulation Rosalind Dixon and David Landau

Part II. Constitutionalization:
4. The constitutionalization of elections and parties Tom Ginsburg and Mila Versteeg
5. Political parties in constitutional theory Tarun Khaitan
6. The winner shall not take all: constitutional regulation and empowerment of opposition parties in Africa Adam Abebe
7. Parties versus democracy: addressing today's political party threats to democratic rule Tom Gerald Daly and Brian Jones
8. What is the value of a constitutionalized right to vote? Yasmin Dawood

Part III. Specific Institutions:
9. Political parties, voting systems, and the twin challenges of fragmented and unduly concentrated political power Stephen Gardbaum
10. Off the reservation voting: dynamic responses to diaspora Elizabeth Reese
11. Courts as constitutional rule-makers for elections and parties: some comparative evidence Aziz Huq
12. Eternity clauses and electoral democracy Silvia Suteu
13. Monarchy in an age of constitutional democracy: Kings as kingmakers in modern Malaysia Yvonne Tew

Index
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