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Constitutional Culture and Democratic Rule by John Ferejohn, Jack N. Rakove, Jonathan Riley

By John Ferejohn, Jack N. Rakove, Jonathan Riley

This interdisciplinary quantity specializes in constitutional democracy, with designated connection with the us. The editors and individuals conceive of a constitutionalism as an ongoing technique within which so much participants of a given group depend upon sure cultural norms and practices to spot and interpret constitutional principles (written or unwritten because the case can be) that restrict executive strength, and divide it between competing teams of leaders such that no unmarried workforce has unchecked authority to go statutes or to interpret the structure whilst disputes come up.

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22 In his view, the three branches of Italian government are more or less equally powerful, with the caveat that the independent judiciary includes both prosecutors and judges. 23 According to Pasquino, the fate of liberal democracy in Italy may well depend on the incentives of this powerful judiciary to check increasingly aggressive partisan majorities. This invites us to critically assess the Italian constitutional structure and consider whether more appealing structures might be feasible in that social context.

Constitution is perhaps extreme in requiring numerous special majorities to form at separated moments in time to amend the Constitution’s text. While other kinds of constitutional change can occur without such action 24 The use of judicial checks on the provinces is probably only one method of restraining them. The provinces might themselves develop fragmented systems of power that prevent them from opportunistic behavior. While such a system might be possible, it seems hard to believe that every province will be sufficiently restrained over the long run to solve the credibility problem.

1996. Original Meanings: Politics and Ideas in the Making of the Constitution. New York: Knopf. Editors’ Introduction 37 1999. James Madison: Writings. New York: Library of America. Rohr, John A. 1995. Founding Republics in France and America. Lawrence: University Press of Kansas. Sager, Lawrence G. 1978. ” Harvard Law Review 91: 1212–64. Strotz, Robert. 1956. ” Review of Economic Studies 23: 165–80.   CONSTITUTIONAL BEGINNINGS AND TRANSITIONS 1 Constitutional Problematics, circa 1787 Jack N.

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