Improving Democracy Through Constitutional Reform

Improving Democracy Through Constitutional Reform PDF

Author: Roger D. Congleton

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 258

ISBN-13: 146150421X

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Do constitutions matter? Are constitutions simply symbols of the political times at which they were adopted, or do they systematically affect the course of public policy? Are the policy crises of failing democracies the result of bad luck or of fundamental problems associated with the major and minor constitutional reforms adopted during their recent histories? The purpose of the present study is to address these questions using a blend of theory, history, and statistical analysis. The Swedish experience provides a nearly perfect laboratory in which to study the effects of constitutional reform. During the past 200 years, Swedish governance has shifted from a king-dominated system with an unelected four-chamber parliament to a bicameral legislature elected with wealth-weighted voting in 1866, and then to a new electoral system based on proportional representation and universal suffrage in 1920, and finally to a unicameral parliamentary system in 1970. All these radical reorganizations of Swedish governance were accomplished peacefully using formal amendment procedures established by previous constitutions. By focusing on constitutional issues rather than Sweden's political history, this book extends our understanding of constitutional reform and parliamentary democracy in general.

Perfecting Parliament

Perfecting Parliament PDF

Author: Roger D. Congleton

Publisher: Cambridge University Press

Published: 2010-11-01

Total Pages: 669

ISBN-13: 1139494759

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This book explains why contemporary liberal democracies are based on historical templates rather than revolutionary reforms; why the transition in Europe occurred during a relatively short period in the nineteenth century; why politically and economically powerful men and women voluntarily supported such reforms; how interests, ideas, and pre-existing institutions affected the reforms adopted; and why the countries that liberalized their political systems also produced the Industrial Revolution. The analysis is organized in three parts. The first part develops new rational choice models of (1) governance, (2) the balance of authority between parliaments and kings, (3) constitutional exchange, and (4) suffrage reform. The second part provides historical overviews and detailed constitutional histories of six important countries. The third part provides additional evidence in support of the theory, summarizes the results, contrasts the approach taken in this book with that of other scholars, and discusses methodological issues.

How to Save a Constitutional Democracy

How to Save a Constitutional Democracy PDF

Author: Tom Ginsburg

Publisher: University of Chicago Press

Published: 2018-10-05

Total Pages: 306

ISBN-13: 022656441X

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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 tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? 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 both hinder and 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—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. 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 banned in many other democracies. 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.

Augmenting Democracy

Augmenting Democracy PDF

Author: Andrew Chadwick

Publisher: Routledge

Published: 2018-12-12

Total Pages: 286

ISBN-13: 0429863691

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First published in 1999, Andrew Chadwick provides an important new interpretation of British radical, suffrage-feminist and socialist movements during the first quarter of the twentieth century, based on analysis of their visions of democratic constitutional reform. He argues that a shared discourse of 'radical constitutionalism' allowed these groups to forge alliances based upon a common preoccupation with extending and improving constitutional democracy. This book is a significant contribution to current methodological debates around the importance of language and discourse in social and political history. It is the first detailed study to integrate material on three important constitutional campaigns of this era: the reform of the House of Lords, women’s suffrage, and proportional representation. It will be of interest to students of British politics, social and political history, historical methodology and political theory.

The Democracy Amendments

The Democracy Amendments PDF

Author: John J. Davenport

Publisher: Anthem Press

Published: 2023-05-16

Total Pages: 408

ISBN-13: 1839986638

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The institutional fabric of our nation is afflicted by divisive politics. Trust in Congress and the Supreme Court has reached new lows, and a tsunami of misinformation and vote suppression is causing many Americans to lose faith in the electoral process itself. These problems can no longer be solved simply by winning elections: gridlock in both the Senate and House, together with judicial vetoes, block most legal reforms for which majorities of Americans vote. Constitutional amendments are the only way out that can restore our government’s capacity to solve problems and rebuild faith among citizens that they can actively participate in effective democratic processes. This book sets out a moderate, centrist agenda to achieve this goal, setting out the problems and solutions in clear language accessible to non-experts. Steering clear of the sharp political divides, Davenport describes 25 procedural amendments that a majority of Americans can consider to fix the deepest flaws in our constitutional design. He also argues that a new national convention called by the states offers the best chance to break the logjam and restore the politics of effective compromise.

Constitutional Reform and Effective Government

Constitutional Reform and Effective Government PDF

Author: James Sundquist

Publisher: Brookings Institution Press

Published: 2011-01-01

Total Pages: 370

ISBN-13: 9780815714309

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For years the public has become increasingly disillusioned and cynical about its governmental institutions. In the face of alarming problems-most notably the $400 billion budget deficit-the government seems deadlocked, reduced to partisan posturing and bickering, with the president and Congress blaming each other for failure. And neither party can be held accountable. The public tendency is to blame individual leaders- or politicians as a class-but an insistent and growing number of experienced statesmen and political scientists believe that much of the difficulty can be traced to the governmental structure itself, designed in the eighteenth century and essentially unchanged since then. Is that inherited constitutional system adequate to meet the challenges of the twenty-first century, or has the time come for fundamental change? Should we adopt an electoral system that encourages unified control of the presidency, the Senate and the House? Lengthen terms of office? Limit congressional terms? Abolish or modify the electoral college? Introduce a mechanism for calling special elections? Permit legislators to hold executive offices? Redistribute the balance of powers within the governmental system? In this revised edition of his highly acclaimed 1986 volume, James Sundquist reviews the origins and rationale of the constitutional structure and the current debate about whether reform is needed, then raises practical questions about what changes might work best if a consensus should emerge that the national government is too prone to stalemate to meet its responsibilities. Analyzing the main proposals advanced to adapt the Constitution to current conditions, he attempts to separate the workable ideas from the unworkable, the effective from the ineffective, the possibly feasible from the wholly infeasible, and finally arrives at a set of recommendations of his own.

Re-Framers

Re-Framers PDF

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2014-07-15

Total Pages: 753

ISBN-13:

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This book is the most comprehensive review of all the major proposals to rewrite, revise, or even replace the U.S. Constitution, covering more than 170 proposals from the nation's beginnings to the present day. The U.S. Constitution was carefully written by a remarkable group of men, but subsequent generations of Americans have devoted enormous time and energy to "improving" it. From colonial times to the present day, Americans of all political persuasions have campaigned to reform, remake, or replace this key document. The growth of the Internet and self-publishing has spawned a virtual explosion of such proposals. This book documents the numerous ideas for change—some practical, some idealistic, and some bordering on fanatical—that reflect America's Constitutional heritage and could shape the nation's future. Re-Framers: 170 Eccentric, Visionary, and Patriotic Proposals to Rewrite the U.S. Constitution sets the stage for this review by describing various prequels to the U.S. Constitution and explaining how the final document emerged at the Constitutional Convention. The subsequent chapters examine many proposed alternatives and revisions to the Constitution from its establishment until the present, illuminating perceived strengths and weaknesses of the current document as well as the pros and cons of possible amendments. Readers ranging from lay citizens who are interested in constitutional issues to historians, political scientists, law professors, and reference librarians will all benefit from this unparalleled examination of proposed constitutional amendment.

Broken Trust

Broken Trust PDF

Author: Stephen M. Griffin

Publisher: University Press of Kansas

Published: 2015-08-21

Total Pages: 216

ISBN-13: 0700621229

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Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.

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