Constitutionalism and a right to effective government? / edited by Vicki C. Jackson, Harvard Law School, Yasmin Dawood, University of Toronto.

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
1 online resource (xvii, 261 pages) : digital, PDF file(s).


Comparative constitutional law and policy [More in this series]
Summary note
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.
Title from publisher's bibliographic system (viewed on 20 Oct 2022).
  • Introduction
  • "To secure these rights" : constitutionalism and effective government / Vicki C. Jackson and Yasmin Dawood
  • Resolution and accommodation in the good constitution / Nicholas Barber
  • Effective governance and the social dimension of the rule of law / Jeff King
  • Effective government and the two faces of constitutionalism / Yasmin Dawood
  • The right to effective self-government / Katharina Pistor
  • Post-liberal constitutionalism and the right to effective government / David S. Law
  • Does the First Amendment forbid, permit, or require government support of news industries? / Martha Minow
  • The "right to effective governance" and the human rights baseline / Gerald L. Neuman
  • The unconstitutional state of affairs doctrine / Manuel José Cepeda Espinosa and Guillermo Otálora Lozano
  • Courts and effective governance / Mark Tushnet and Madhav Khosla
  • The new managerialism : courts, positive duties, and economic and social rights Katharine G. Young
  • What does effective government have to do with the Constitution? / Gillian E. Metzger
  • The president's two bodies / Daphna Renan
  • Legislatures and effective government : raising expectations for representatives / Vicki C. Jackson
  • Constitutional directives and the duty to govern well / Tarunabh Khaitan
  • Recursive representation : the basic idea / Jane Mansbridge
  • Can constitutions fix party system breakdowns? A skeptical view / David Landau
  • Political fragmentation and the decline of effective government / Richard H. Pildes
  • Constitutionalism and public corruption : an introductory sketch / Matthew C. Stephenson.
9781009158541 (ebook)
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