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Constitutional Democracy in Crisis? II

Edited by: Mark A. Graber, Mark Tushnet, Sanford Levinson, Antonia Baraggia

ISBN13: 9780197830321
To be Published: April 2027
Publisher: Oxford University Press
Country of Publication: USA
Format: Paperback
Price: £32.99





Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance.

The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis?. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro.

Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Subjects:
Constitutional and Administrative Law
Contents:
1:Introduction, Antonia Baraggia

Part One. Background
2:Defining Constitutional Crises, Keith E. Whittington
3:Is the Sky Falling? Constitutional Crises in Historical Perspective, Zachary Elkins
4:Defining and Tracking the Trajectory of Liberal Constitutional Democracy, Tom Ginsburg and Aziz Z. Huq
5:Democratic Resilience in the 21st Century, Laura Gamboa
6:The Frankenstate, Revisited: (In Times of Trump), Kim Lane Scheppele
7:Proto-Authoritarian and Abusive Constitutionalism, Mark Tushnet

Part Two. Countries
8:Knowledge Institutions and Constitutional Democracy's Decline: A US Case Study, Vicki C. Jackson
9:Letters from the Editors: Democratic Decline in the United States, Mark A. Graber, Sanford Levinson, Mark Tushnet, and Antonia Baraggia
10:Constitutional Democracy and the US States, Emily Zackin
11:Understanding Mexico's Democratic Decline, Mariana Velasco-Rivera
12:Courts and Constitutions in an Evolving Autocracy: Venezuela, David Landau and Raul Sanchez-Urribarri
13:Not a Zombie Constitution: Limited Resilience and Chile's Unfinished Constitutional Journey, Marcela Prieto Rudolphy and Sergio Verdugo
14:Brazil: Between Erosion and Collapse, Emilio Peluso Neder Meyer
15:The UK Constitution: Parliament on the Precipice, Erin F. Delaney and Julie E. Smith
16:When Democracy Bleeds: Constitutional Rot in France, Nicoletta Perlo
17:Guardrails Under Strain: The Case of the Netherlands, Monica Claes and Joost Sillen
18:Right-Wing Extremism and Militant Democracy in Germany, Michaela Hailbronner and Felix Oldenburg
19:Constitutional Crisis in Spain: The Rise and Fall of Catalan Secessionism, Victor Ferreres Comella
20:Is Italy a Case of Constitutional Democracy in Crisis?, Giuseppe Martinico
21:Constitutional Crises in Poland: Uneasy Pathway to Democratic Restoration, Wojciech Sadurski and Anna Wójcik
22:Hungary: First Impressions, Kim Lane Scheppele, Yaniv Roznai, Gábor Halmai, András Jakab, Tímea Drinóczi, and Mark Tushnet
23:The Western Balkans: "Stabilitocracy" or Democratic Transformation?, Jens Woelk
24:Israel-Populism, Polarization, and the Crisis of Democracy, Yaniv Roznai and Noam Gidron
25:Tunisia: The Illiberal-Populist Project of an Unconstitutional Constitutional Scholar, Francesco Biagi
26:Constitutional Democracy in Crisis? A View from Nigeria, Rabiat Akande
27:Kenya's Debt-Induced Constitutional Crisis: 2023-2025, James Thuo Gathii
28:Constitutional Crisis or Mere Growing Pains: Reflections on 30 Years of South African Democratic Constitutionalism, Penelope Andrews
29:India After Democracy?, Madhav Khosla and Milan Vaishnav
30:Democratic Backsliding in Mongolia, Geser Ganbaatar
31:The Death or Reincarnation of the Constitution of Japan? A Nation of "Constitutional Change Without Amendment", Keigo Komamura
32:Constitutional Crisis in Taiwan: Domestic Factors, External Factors, Chien-Chih Lin
33:New Zealand: An Exception to Democratic Decline?, Joel Colón-Ríos and Sir Geoffrey Palmer
34:Australia's Non-Populist Democracy? The Importance of Electoral Design and Institutional Adaptation, Rosalind Dixon and Anika Gauja

Part Three. Challenges
35:Free Speech, Constitutional Democracy, and Democratic Backsliding, Thomas M. Keck
36:Electoral Resilience and the Democratic Governance Model, Yasmin Dawood
37:Health Emergencies and Democratic Erosion: Did the COVID-19 Pandemic Help Autocratization?, Jeff King and Octávio Luiz Motta Ferraz
38:When Populism Meets Neoliberalism: Constitutional Order in Crisis, Bojan Bugaric
39:Kleptocracy and Corruption's Impact on Democracy, Susan Rose-Ackerman
40:Identity and Constitutional Design, Kamala Sankaran
41:The Inversion Paradox: Majorities Taking on the Minority Label, Ayelet Shachar
42:Reflections on Secession-And World Government, Sanford Levinson
43:A Constitutional Crisis of Scale, Ran Hirschl

Part Four. Concluding Observations
44:Finding the Place in Constitutional Democracy, Kuo Ming-Sung and Chen Hui-Wen
45:Navigating the Pluralist Autocracy Challenge to Contemporary Constitutional Democracy, Mark A. Graber