Constitutionalism and a Right to Effective Government? (eBook, PDF)

Redaktion: Jackson, Vicki C. (Harvard Law School; Dawood, Yasmin (University of Toronto)

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 12. Oktober 2022
• ISBN-13: 9781009178099
• Artikelnr.: 70910858

Inhaltsangabe

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.