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Constitutional Design and Problems of Implementation in Southern and Eastern Europe

Leonardo Morlino

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0003
Subject:
Political Science, Democratization

In this chapter, Leonardo Morlino presents an analytical framework for studying the implementation of constitutional norms. The aim of the first section is to isolate the guiding concepts for ... More


Constitutional Design: Proposals Versus Processes

Donald L. Horowitz

in The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246465
eISBN:
9780191600135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246467.003.0002
Subject:
Political Science, Democratization

The essence of democracy is that it is indigenous, and the practice over importing a model of democratic governance from outside virtually assures its non‐democratic character, unless a very ... More


Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Jan Zielonka (ed.)

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.001.0001
Subject:
Political Science, Democratization

This is the first volume in a two‐volume series focusing on two major influences on democratic consolidation in Eastern Europe—institutional engineering and transnational pressures. Volume 1 analyses ... More


Designing Electoral Rules and Waiting for an Electoral System to Evolve

Rein Taagepera

in The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246465
eISBN:
9780191600135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246467.003.0010
Subject:
Political Science, Democratization

Addresses three issues. On what basis are electoral rules actually chosen in new democracies, and what are the consequences? On what basis should they ideally be designed? And in how much detail ... More


Germany: Multiple Veto Points, Informal Coordination, and Problems of Hidden Action

Thomas Saalfeld

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0010
Subject:
Political Science, Comparative Politics

Argues that the German federal system was designed to avoid past problems with instability and abuse of power. This constitutional design disperses political power among many political and economic ... More


The Wave of Power‐Sharing Democracy

Arend Lijphart

in The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246465
eISBN:
9780191600135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246467.003.0003
Subject:
Political Science, Democratization

Sets out the basic theory of consociational democracy, and reviews the main points of agreement and disagreement among political scientists concerning its utility as a model of democratic ... More


Constitutional Engineering in Post‐Coup Fiji

Brij V. Lal

in The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246465
eISBN:
9780191600135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246467.003.0011
Subject:
Political Science, Democratization

Analyses the historical background to the constitutional crisis that flared up in Fiji in 1987, when a military coup, led by native Fijians, overthrew a government democratically elected by a ... More


The Eritrean Experience in Constitution Making: The Dialectic of Process and Substance

Bereket Habte Selassie

in The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199246465
eISBN:
9780191600135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199246467.003.0013
Subject:
Political Science, Democratization

Outlines the historical background, since the Italian colonization of 1890, to the ratification of Eritrea's constitution on 23 May 1997, which marked the end of 30 years of secessional war with ... More


UNTAET in East Timor

Oisín Tansey

in Regime-Building: Democratization and International Administration

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199561032
eISBN:
9780191721496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199561032.003.0004
Subject:
Political Science, Comparative Politics, Democratization

This chapter analyses the process of democratic regime-building in East Timor, concentrating in particular on the period of administration by UNTAET between 1999 and 2002. Using documentary and elite ... More


Territorial Cleavages and Constitutional Transitions: Political Mobilization, Constitution-Making Processes, and Constitutional Design

George Anderson and Sujit Choudhry

in Territory and Power in Constitutional Transitions

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198836544
eISBN:
9780191873737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836544.003.0020
Subject:
Law, Constitutional and Administrative Law

This chapter explores how patterns of territorial political mobilization influence the processes of Constitution-making and the choices of constitutional design, focusing on seventeen countries that ... More


Incentives and Political Economy

Jean-Jacques Laffont

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199248681
eISBN:
9780191596575
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199248680.001.0001
Subject:
Economics and Finance, Microeconomics

This book presents a detailed exposition of models of incentives in political economy using the tools of contemporary information economics. The emphasis is on small, loosely connected models that ... More


Conclusion: The Case for Democratic Optimism

Andrew Reynolds

in Electoral Systems and Democratization in Southern Africa

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198295105
eISBN:
9780191600128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295103.003.0010
Subject:
Political Science, Democratization

This concluding chapter briefly makes a case for democratic optimism, showing that a clear pattern is emerging which suggests that contrary to the predictions of societal breakdown across sub-Saharan ... More


Conclusion: Institutional Design as a Going Concern

Adrian Vermeule

in Mechanisms of Democracy: Institutional Design Writ Small

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333466
eISBN:
9780199855384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333466.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter presents some concluding thoughts from the author. It argues that institutional design, writ small, is a going concern. The gaps in the standing design leave space for improvement at the ... More


The Complete Contract Approach to Constitutional Design

Jean‐Jacques Laffont

in Incentives and Political Economy

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199248681
eISBN:
9780191596575
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199248680.003.0002
Subject:
Economics and Finance, Microeconomics

This chapter introduces a simple supervision model based on Tirole's methodology in which the Constitution has to be designed, given the need for informed politicians who act as supervisors. It is ... More


From Comparative Constitutional Law to Comparative Constitutional Studies

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0005
Subject:
Law, Comparative Law, Constitutional and Administrative Law

The chapter argues for an interdisciplinary approach to comparative constitutional inquiry that is methodologically and substantively preferable to doctrinal accounts. It suggests that for ... More


Comparative Matters: The Renaissance of Comparative Constitutional Law

Ran Hirschl

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.001.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution ... More


The Federal Experience in Comparative Context

David McKay

in Designing Europe: Comparative Lessons from the Federal Experience

Published in print:
2001
Published Online:
October 2011
ISBN:
9780199242139
eISBN:
9780191697012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199242139.003.0008
Subject:
Political Science, European Union

The previous chapters have shown the varied and complex historical experience of the five established federations: Australia, Canada, Germany, Switzerland, and the United States. Constitutions and ... More


Designing Europe: Comparative Lessons from the Federal Experience

David McKay

Published in print:
2001
Published Online:
October 2011
ISBN:
9780199242139
eISBN:
9780191697012
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199242139.001.0001
Subject:
Political Science, European Union

Few dispute that one of the most pressing issues for the future of Europe is the question of constitutional design. To what extent will unanimity voting in the Council of Ministers be replaced by ... More


Modelling ‘Optimal’ Constitutional Design for Government Structures: Some Debutant Remarks

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter addresses some foundational questions about constitutions and constitutionalism in South Asia. Constitution-makers everywhere are concerned with the best constitutional design; however, ... More


Beyond Disagreement: Open Remedies in Human Rights Adjudication

Aruna Sathanapally

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199669301
eISBN:
9780191744648
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199669301.001.0001
Subject:
Law, Human Rights and Immigration

Examining the role of ‘open remedies’ in human rights adjudication, this book provides a new perspective informing comparative constitutional debates on how to structure institutional relationships ... More


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