Constitutionalism and a Right to Effective Government?

by Vicki C. Jackson (Editor), Yasmin Dawood (Editor)

Overview

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.

Product Details

ISBN-13:	9781009178105
Publisher:	Cambridge University Press
Publication date:	10/27/2022
Series:	Comparative Constitutional Law and Policy
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law School, wrote Constitutional Engagement in a Transnational Era (2010), co-authored (with Mark Tushnet) Comparative Constitutional Law (3d. ed. 2014) and Defining the Field of Comparative Constitutional Law (2002), and has written widely on comparative and U.S. constitutional law. A member of the American Law Institute, she has served on various academic boards including the International Association of Constitutional Law's Executive Committee.
Yasmin Dawood is the Canada Research Chair in Democracy, Constitutionalism, and Electoral Law, and an Associate Professor of Law and Political Science at the University of Toronto. She has published widely on voting rights, comparative election law, and the theory and practice of democratic constitutionalism. She was named a member of the Royal Society of Canada College in 2018, and she has served on academic boards including the Executive Committee of the International Association of Constitutional Law and the Council of the American Society for Political and Legal Philosophy.

Table of Contents

Introduction: 1. 'To secure these Rights': Constitutionalism and effective Government Vicki C. Jackson and Yasmin Dawood; Part I. What are Constitutions for?: 2. Resolution and accommodation in the good constitution Nicholas Barber; 3. Effective governance and the social dimension of the rule of law Jeff King; 4. Effective government and the two faces of constitutionalism Yasmin Dawood; 5. The right to effective self-government Katharina Pistor; Part II. Positive Rights and Rights to Effective Self-Government: 6. Post-liberal constitutionalism and the right to effective government David S. Law; 7. Does the first amendment forbid, permit, or require government support of News Industries? Martha Minow; 8. The 'Right to effective governance' and the Human rights baseline Gerald L. Neuman; Part III. Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights: 9. The unconstitutional state of affairs doctrine Manuel José Cepeda Espinosa and Guillermo Otálora Lozano; 10. Courts and effective governance Mark Tushnet and Madhav Khosla; 11. The new Managerialism: Courts, Positive duties, and Economic and Social Rights Katharine G. Young; Part IV. The Essential Roles of Executive and Administrative Constitutionalism: 12. What does effective government have to do with the constitution? Gillian E. Metzger; 13. The president's two bodies Daphna Renan; Part V. Legislatures, Representation and Duties of Effective Self-Government?: 14. Legislatures and effective government: Raising expectations for representatives Vicki C. Jackson; 15. Constitutional directives and the duty to govern well Tarunabh Khaitan; 16. Recursive representation: The basic idea Jane Mansbridge; Part VI. Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance: 17. Can constitutions fix party system breakdowns? A Skeptical view David Landau; 18. Political fragmentation and the decline of effective government Richard H. Pildes; 19. Constitutionalism and public corruption: An introductory sketch Matthew C. Stephenson; Index.

Editorial Reviews

‘As democracies struggle with a crisis of ineffective government, constitutional scholarship has turned its attention to the relationship between constitutionalism and the capacity of governments to perform basic functions and provide for the people’s well-being. This volume is the most important collection on this emerging problem yet seen. Vicki Jackson and Yasmin Dawood have drawn together a brilliant and diverse group of scholars to explore fundamental ideas of constitutionalism, its major institutions as well as particular contexts and controversies.’ Adrienne Stone, Redmond Barry Distinguished Professor, Director, Centre for Comparative Constitutional Studies, The University of Melbourne Law School

‘This valuable collection of essays considers the pressing and under-theorized issue of governmental effectiveness, an issue of overwhelming practical importance as well as theoretical interest, in ways that are both sobering and illuminating.’ Sanford Levinson, University of Texas Law School and Department of Government, University of Texas at Austin, author of Framed: America’s 51 Constitutions and the Crisis of Governance.

‘In this important new collection, Jackson and Dawood bring together some of the leading contemporary public law thinkers to explore the benefits, as well as dangers, to thinking about notions of effective government in rights-based terms. It is compelling and compulsory reading for all those interested in the future of public law in a time of increasing economic, climate and health challenges.’ Rosalind Dixon, Professor of Law, University of New South Wales, Faculty of Law

From the Publisher