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Overview
This book discusses the mechanisms of such restriction, including different forms of the separation of powers and constitutional review. It relates the theoretical and practical importance of the issue to the present world-wide discontent with majoritarian democracy and the growing disrepute of parliaments. Increasing executive efficiency is, however, a threat to fundamental rights, and the battlecry of efficiency is often only a means to new despotism and inefficiency. A careful re-evaluation of the concept of constitutionalism assists in the search for a useful balance between majoritarianism and rights, and in the avoidance of all forms of public tyranny.Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development. It is intended to be an introduction for all those concerned with liberty.
Contents
Introduction. Chapter 1: The constitution as fear and acceptance Chapter 2: The taming of democracy Chapter 3: Dangerous liaisons: checks and balances and the separation of powers Chapter 4: Parliamentarism and the legislative branch Chapter 5: The executive power Chapter 6: The rule-of-law state and its executors Chapter 7: Constitutional adjudication Chapter 8: Fundamental rights
1999
288 pages
Synopsis
This book discusses the mechanisms of such restriction, including different forms of the separation of powers and constitutional review. It relates the theoretical and practical importance of the issue to the present world-wide discontent with majoritarian democracy and the growing disrepute of parliaments. Increasing executive efficiency is, however, a threat to fundamental rights, and the battlecry of efficiency is often only a means to new despotism and inefficiency. A careful re-evaluation of the concept of constitutionalism assists in the search for a useful balance between majoritarianism and rights, and in the avoidance of all forms of public tyranny.
Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development. It is intended to be an introduction for all those concerned with liberty.
Contents
Introduction. Chapter 1: The constitution as fear and acceptance Chapter 2: The taming of democracy Chapter 3: Dangerous liaisons: checks and balances and the separation of powers Chapter 4: Parliamentarism and the legislative branch Chapter 5: The executive power Chapter 6: The rule-of-law state and its executors Chapter 7: Constitutional adjudication Chapter 8: Fundamental rights
1999
288 pages
Booknews
Central and Eastern Europe's foremost constitutional theorist explores the history and theory of constitutionalism from the standpoint of a realist and a skeptic. He argues that the separation of powers refers not to the establishment of watertight compartments, but to partial agency, an approach which leads constitutional theory to focus on political rather than legal limits on the abuse of power, and on elections and opposition parties rather than on courts. This English edition retains many of the original Hungarian and East European examples. First published in Hungarian as nkorl<'a>toz<'o> hatalom/> in 1995 by K<:ozgazdas<'a>gi <'e>s Jogi K<:o>nyvkiad<'o>, MTA <'A>llam-<'e>s Jogtudom<'a>nyi Int<'e>zet, Budapest. Lacks a subject index. Annotation c. Book News, Inc., Portland, OR (booknews.com)