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How to Save a Constitutional Democracy (Hardcover)
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How to Save a Constitutional Democracy (Hardcover)
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Democracies are in danger. Around the world, a rising wave of
populist leaders threatens to erode the core structures of
democratic self rule. In the United States, the election of Donald
Trump marked a decisive turning point for many. What kind of
president calls the news media the “enemy of the American
people,” or sees a moral equivalence between violent neo-Nazi
protesters in paramilitary formation and residents of a college
town defending the racial and ethnic diversity of their homes? Yet,
whatever our concerns about the current president, we can be
assured that the Constitution offers safeguards to protect against
lasting damage—or can we? How to Save a Constitutional Democracy
mounts an urgent argument that we can no longer afford to be
complacent. Drawing on a rich array of other countries’
experiences with democratic backsliding, Tom Ginsburg and Aziz Z.
Huq show how constitutional rules can either hinder or hasten the
decline of democratic institutions. The checks and balances of the
federal government, a robust civil society and media, and
individual rights—such as those enshrined in the First
Amendment—do not necessarily succeed as bulwarks against
democratic decline. Rather, Ginsburg and Huq contend, the sobering
reality for the United States is that, to a much greater extent
than is commonly realized, the Constitution’s design makes
democratic erosion more, not less, likely. Its structural rigidity
has had the unforeseen consequence of empowering the Supreme Court
to fill in some details—often with doctrines that ultimately
facilitate rather than inhibit the infringement of rights. Even the
bright spots in the Constitution—the First Amendment, for
example—may have perverse consequences in the hands of a deft
communicator, who can degrade the public sphere by wielding hateful
language that would be banned in many other democracies. But
we—and the rest of the world—can do better. The authors
conclude by laying out practical steps for how laws and
constitutional design can play a more positive role in managing the
risk of democratic decline.
General
Imprint: |
University of Chicago Press
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Country of origin: |
United States |
Release date: |
October 2018 |
Authors: |
Tom Ginsburg
• Aziz Huq
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Dimensions: |
229 x 152 x 20mm (L x W x T) |
Format: |
Hardcover - Cloth over boards
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Pages: |
320 |
ISBN-13: |
978-0-226-56438-8 |
Categories: |
Books
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LSN: |
0-226-56438-X |
Barcode: |
9780226564388 |
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