Overview

"Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of ""constitutional crisis"" or ""constitutional degeneration""? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his ""House Divided"" speech, ""If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."""

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9780190889012

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"""Constitutional democracies around the world are suffering assaults from within. Globally, political freedoms are becoming weaker. Democracy does not necessarily guarantee prosperity. This book provides a superb appraisal of democracy's current crisis. Those who wish to learn about what is happening to constitutional democracies around the world should read this groundbreaking, multiperspective, and transdisciplinary book."" - Sabino Cassese, Emeritus Justice, Italian Constitutional Court; Emeritus Professor, University of Rome ""To question the current health of constitutional democracy is implicitly to affirm that there are more chapters to be written before we arrive at the end of history. Fortunately, we now have the exquisitely crafted chapters in this unique collection of essays to help us make sense of our current predicament. Written against the backdrop of a multitude of ominous developments that have shaken confidence in the stability and endurance of liberal democratic institutions, the contributors to this timely volume explore this portentous moment from all angles, leaving the reader richly informed, if not sanguine, about future prospects. A careful reading will, however, not end in despair, for as the most disturbing threats to political freedom and economic justice emanate from within, the challenge that they represent can also be met from within."" - Gary Jeffrey Jacobsohn, H. Malcolm Macdonald Professor of Constitutional and Comparative Law, The University of Texas at Austin ""This book is an indispensable resource for understanding the rise of illiberal populisms and the possibilities for sustaining constitutionalism and democracy. Contributors include leading global scholars of comparative constitutional law, whose chapters provide a diverse empirical base from countries around the world with which to evaluate constitutional democracy and its contemporary challenges and competitors. Theories are tested, data provided, and new concepts advanced-addressing, among other topics, the role of political parties, political leaders, religion, economic inequality, race, ethnicity, and immigration-in a set of readable and relatively short chapters that, as much as any edited scholarly collection could be, is a true ""page-turner,"" hard to stop reading once one starts."" - Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School ""This rigorous, wide-ranging, and engaging volume is an indispensable guide to the current crisis of constitutional democracy. The volume's theoretical essays raise profound new questions about the relationship between constitutionalism and democracy. Its high quality empirical chapters help us understand the global reach and historical roots of the current crisis. This is a landmark book for our troubled times."" - Pratap B. Mehta, Vice-Chancellor, Ashoka University; past President, Centre for Policy Research ""At the end of the 20th century, constitutional democracy had gained almost universal acceptance. At least, so it seemed. A decade later, we see constitutional democracy declining or mutating into more authoritarian forms of government in a number of countries. In this timely book, more than forty outstanding authors from many parts of the world offer a comprehensive analysis of this development and its causes, which should be of paramount interest not only to scholars and students of law and politics, but to everyone concerned about public affairs."" - Dieter Grimm, Former Justice, Federal Constitutional Court of Germany; Professor of Law, Humboldt University Berlin"

Constitutional democracies around the world are suffering assaults from within. Globally, political freedoms are becoming weaker. Democracy does not necessarily guarantee prosperity. This book provides a superb appraisal of democracy's current crisis. Those who wish to learn about what is happening to constitutional democracies around the world should read this groundbreaking, multiperspective, and transdisciplinary book. - Sabino Cassese, Emeritus Justice, Italian Constitutional Court; Emeritus Professor, University of Rome To question the current health of constitutional democracy is implicitly to affirm that there are more chapters to be written before we arrive at the end of history. Fortunately, we now have the exquisitely crafted chapters in this unique collection of essays to help us make sense of our current predicament. Written against the backdrop of a multitude of ominous developments that have shaken confidence in the stability and endurance of liberal democratic institutions, the contributors to this timely volume explore this portentous moment from all angles, leaving the reader richly informed, if not sanguine, about future prospects. A careful reading will, however, not end in despair, for as the most disturbing threats to political freedom and economic justice emanate from within, the challenge that they represent can also be met from within. - Gary Jeffrey Jacobsohn, H. Malcolm Macdonald Professor of Constitutional and Comparative Law, The University of Texas at Austin This book is an indispensable resource for understanding the rise of illiberal populisms and the possibilities for sustaining constitutionalism and democracy. Contributors include leading global scholars of comparative constitutional law, whose chapters provide a diverse empirical base from countries around the world with which to evaluate constitutional democracy and its contemporary challenges and competitors. Theories are tested, data provided, and new concepts advanced-addressing, among other topics, the role of political parties, political leaders, religion, economic inequality, race, ethnicity, and immigration-in a set of readable and relatively short chapters that, as much as any edited scholarly collection could be, is a true page-turner, hard to stop reading once one starts. - Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School This rigorous, wide-ranging, and engaging volume is an indispensable guide to the current crisis of constitutional democracy. The volume's theoretical essays raise profound new questions about the relationship between constitutionalism and democracy. Its high quality empirical chapters help us understand the global reach and historical roots of the current crisis. This is a landmark book for our troubled times. - Pratap B. Mehta, Vice-Chancellor, Ashoka University; past President, Centre for Policy Research At the end of the 20th century, constitutional democracy had gained almost universal acceptance. At least, so it seemed. A decade later, we see constitutional democracy declining or mutating into more authoritarian forms of government in a number of countries. In this timely book, more than forty outstanding authors from many parts of the world offer a comprehensive analysis of this development and its causes, which should be of paramount interest not only to scholars and students of law and politics, but to everyone concerned about public affairs. - Dieter Grimm, Former Justice, Federal Constitutional Court of Germany; Professor of Law, Humboldt University Berlin

Author Information

Mark A. Graber is University of Maryland Regents Professor at the Francis King Carey School of Law Sanford Levinson is W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair in Law at the University of Texas Law School Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School

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