Download Borrowing Constitutional Designs: Constitutional Law in by Cindy Skach PDF

By Cindy Skach

After the cave in of communism, a few thirty international locations scrambled to craft democratic constitutions. unusually, the constitutional version they customarily selected was once neither the natural parliamentary version present in so much of Western Europe on the time, nor the presidential version of the Americas. fairly, it was once semi-presidentialism--a infrequent version identified extra ordinarily because the "French type." This constitutional version melded components of natural presidentialism with these of natural parliamentarism. particularly, semi-presidentialism mixed a popularly elected head of kingdom with a head of presidency accountable to a legislature.

Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by way of new democracies. Drawing on wealthy case stories of 2 of crucial nations for eu politics within the 20th century--Weimar Germany and the French 5th Republic--Cindy Skach deals the 1st theoretically centred, and traditionally grounded, research of semi-presidentialism and democracy. She demonstrates that constitutional selection issues, simply because less than yes stipulations, semi-presidentialism constructions incentives that make democratic consolidation tricky or that really give a contribution to democratic cave in. She deals a brand new conception of constitutional layout, integrating insights from legislations and the social sciences. In doing so, Skach demanding situations either democratic idea and democratic perform. This booklet should be welcomed not just via students and practitioners of constitutional legislations but additionally by way of these in fields comparable to comparative politics, ecu politics and background, and foreign and public affairs.

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Additional info for Borrowing Constitutional Designs: Constitutional Law in Weimar Germany and the French Fifth Republic

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This mutual dependence increases the constraints on the behavior and discipline of both the president and his party. With this new typology of the semi-presidential constitution, and the foregoing discussion of how countries find themselves in semi-presidentialism’s various subtypes, I now turn to an examination of constitutional performance and democracy in what is arguably the most relevant, and yet neglected, case of semi-presidentialism: the Weimar Republic. CHAPTER 2 Parties, Leaders, and Constitutional Law in Ebert’s Republic ANY DISCUSSION OF Weimar Germany must begin by acknowledging that when the Weimar Republic was founded in 1919, Germany had just emerged from four years of devastating war.

The chances that the president and the prime minister will have the same policy agenda, and will cooperate to accomplish their joint agenda, are maximized. 9 Because the tensions are structured into the semi-presidential constitution by the division of the executive into two heads, there is always potential for conflict. 10 Or, a president’s particular beliefs about his leadership role and separate legitimacy may lead him to completely dominate his prime minister, who in turn might resist this domination, setting off a spiral of powerdemonstrating moves.

Horowitz neglects the methodological point that presidential and legislative electoral systems need separate analysis. He transfers the effects of this system at the legislative level to the presidential level, which is analytically incorrect. Also see the critique in Shugart and Carey, Presidents and Assemblies, pp. 218–19. ” Comparative Constitutional Engineering, p. 179. This said, it does seem to be the case that the electorate is encouraged to vote “usefully” in concurrent elections. Also see Shugart and Carey, Presidents and Assemblies, pp.

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