Principles of Constitutional Design 1st Edition by Donald S Lutz ISBN 0521861683 978-0521861687

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Product details:

ISBN 10: 0521861683

ISBN 13:  978-0521861687

Author: Donald S Lutz

 This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks – especially popular sovereignty and the separation of powers. Rather than a ‘how-to-do-it’ book that explains what to do in the sense of where one should end up, it instead explains where to begin – how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability

Principles of Constitutional Design 1st Table of contents:

• Introduction

  • The Importance of Constitutional Design
  • Overview of Constitutionalism and Its Role in Democratic Governance
  • Key Concepts in Constitutional Theory

• The Foundations of Constitutional Design

  • Theoretical Underpinnings of Constitutional Design
  • The Relationship Between Constitutional Design and Political Stability
  • The Role of Constitutions in Balancing Power and Protecting Rights

• Types of Constitutional Frameworks

  • Unitary vs. Federal Systems
  • Parliamentary vs. Presidential Systems
  • Hybrid Systems: Semi-Presidentialism, Semi-Parliamentary

• The Structure of Government

  • Separation of Powers: Executive, Legislative, and Judicial Branches
  • Checks and Balances: Ensuring Accountability and Limiting Power
  • The Role of Political Parties and Electoral Systems

• Rights and Liberties in Constitutional Design

  • The Role of Bills of Rights or Declarations of Rights
  • Balancing Rights and Government Powers
  • The Protection of Minority Rights

• Constitutional Design and Political Economy

  • The Role of Economic Systems in Constitutional Design
  • Property Rights and Economic Freedom
  • Addressing Social and Economic Inequalities Through Constitutional Provisions

• Constitutional Change and Amendment

  • The Process of Constitutional Amendments and Revisions
  • Flexible vs. Rigid Constitutions: Advantages and Drawbacks
  • Mechanisms for Constitutional Adaptation to Changing Times

• Constitutionalism and Democracy

  • The Relationship Between Constitution-Making and Democratic Principles
  • Electoral Systems and the Representation of the People
  • Direct Democracy and Referendums

• Globalization, Multiculturalism, and Constitutional Design

  • The Impact of Globalization on Constitutional Design
  • Designing Constitutions for Multicultural Societies
  • Addressing Conflicts Between National, Regional, and International Law

• Case Studies of Constitutional Design

  • Examples of Constitutions from Various Countries and Regions
  • Comparative Analysis of Successful and Unsuccessful Constitutional Experiments
  • Lessons Learned from Real-World Constitutional Design

• Conclusion

  • Principles for Effective Constitutional Design
  • The Future of Constitutionalism in an Evolving Global Context

• Appendices

  • Glossary of Key Constitutional Terms
  • Additional Resources and Further Reading
  • Index

 

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Donald S Lutz,Principles,Constitutional Design