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Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
This book investigates the fragility of constitutional democracy and the mechanisms by which constitutionalism protects political freedom against the rise of autocracy. András Sajó and Renáta Uitz, both distinguished scholars in comparative constitutional law, utilize a blend of intellectual history and contemporary case studies to argue that constitutional systems require constant vigilance. They present a framework that contrasts classic constitutional models with modern experiments in checks and balances to demonstrate why these structures remain vital for sustaining democratic societies.
What You Will Find
Scope Limits
Experts and legal scholars recognize this work as a significant contribution to the study of democratic stability and the mechanics of constitutional erosion. Readers frequently note that the prose is accessible to those without a formal legal background while maintaining the analytical depth required for academic study.
Page Count:
499
Publication Date:
2017-01-01
Publisher:
OUP Oxford
ISBN-10:
0191046043
ISBN-13:
9780191046049
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