Constitutionalism and a Right to Effective Government?

This interdisciplinary volume highlights the essential role of effective government in sustaining democratic constitutionalism.

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

9781009158534, Cambridge University Press

Hardback, published 27 October 2022

400 pages
23.5 x 15.7 x 2 cm, 0.56 kg

'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

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.

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.

Subject Areas: Courts & procedure [LNAA], Human rights [JPVH], Constitution: government & the state [JPHC], Political structure & processes [JPH], Political ideologies [JPF], Politics & government [JP]