How to Save a Constitutional Democracy
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Krátky popis
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.
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