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Constitutionalism and a Right to Effective Government?

Constitutionalism and a Right to Effective Government?

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781009158534
  • 出版时间 October 2022
  • 规格: Hardback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,105.00

HKD 1,071.85 Save HKD 33.15 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

  • Introduction:
    1. 'To secure these Rights': Constitutionalism and effective Government
    Vicki C. Jackson and Yasmin Dawood
    Part I. What are Constitutions for?:
    2. Resolution and accommodation in the good constitution
    Nicholas Barber
    3. Effective governance and the social dimension of the rule of law
    Jeff King
    4. Effective government and the two faces of constitutionalism
    Yasmin Dawood
    5. The right to effective self-government
    Katharina Pistor
    Part II. Positive Rights and Rights to Effective Self-Government:
    6. Post-liberal constitutionalism and the right to effective government
    David S. Law
    7. Does the first amendment forbid, permit, or require government support of News Industries?
    Martha Minow
    8. The 'Right to effective governance' and the Human rights baseline
    Gerald L. Neuman
    Part III. Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights:
    9. The unconstitutional state of affairs doctrine
    Manuel José Cepeda Espinosa and Guillermo Otálora Lozano
    10. Courts and effective governance
    Mark Tushnet and Madhav Khosla
    11. The new Managerialism: Courts, Positive duties, and Economic and Social Rights
    Katharine G. Young
    Part IV. The Essential Roles of Executive and Administrative Constitutionalism:
    12. What does effective government have to do with the constitution?
    Gillian E. Metzger
    13. The president's two bodies
    Daphna Renan
    Part V. Legislatures, Representation and Duties of Effective Self-Government?:
    14. Legislatures and effective government: Raising expectations for representatives
    Vicki C. Jackson
    15. Constitutional directives and the duty to govern well
    Tarunabh Khaitan
    16. Recursive representation: The basic idea
    Jane Mansbridge
    Part VI. Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance:
    17. Can constitutions fix party system breakdowns? A Skeptical view
    David Landau
    18. Political fragmentation and the decline of effective government
    Richard H. Pildes
    19. Constitutionalism and public corruption: An introductory sketch
    Matthew C. Stephenson

    Index

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