The Entrenchment of Democracy
The Comparative Constitutional Design of Elections, Parties and Voting

Explores ways in which written constitutions shape the political arena, through regulating parties, voting and the management of elections.

Tom Ginsburg (Edited by), Aziz Z. Huq (Edited by), Tarun Khaitan (Edited by)

9781009447737, Cambridge University Press

Hardback, published 5 December 2024

284 pages
23.5 x 15.9 x 2.1 cm, 0.54 kg

'This book is an incisive and comprehensive exploration of legal and political phenomena underpinning democratic systems around the world where politics are increasingly divisive. Deeply researched works like this are more important now than ever as the hope of living in a state that fulfils the promises of its founding democratic texts remains elusive for so many of us.' Samira Allioui, LSE Review of Books

This volume of essays brings together a group of leading political scientists, legal scholars, and political theorists to describe and analyze the body of constitutional law and practice within and upon democratic institutions, in particular examining how constitutional law shapes electoral democracy. Constitutional law and practice on this question are complex and varied. This volume therefore takes a thematic and regional approach: it selects a range of key theoretical questions related to democratic constitutional design and offers a series of chapters featuring a diverse range of voices, as well as a blend of theory, qualitative studies, and quantitative methods. Readers will gain a multifaceted understanding of a phenomenon of growing importance. The volume will also be useful to students of comparative constitutionalism, who will gain a rich array of empirical evidence to stimulate further work. This title is also available as Open Access on Cambridge Core.

1. Introduction Tom Ginsburg, Aziz Huq and Tarun Khaitan
Part I. Understanding the Crisis: 2. Majoritarianism and minoritarianism in the law of democracy Sam Issacharoff and Richard H. Pildes
3. Constitutions & abusive electoral regulation Rosalind Dixon and David Landau
Part II. Constitutionalization: 4. The constitutionalization of elections and parties Tom Ginsburg and Mila Versteeg
5. Political parties in constitutional theory Tarun Khaitan
6. The winner shall not take all: constitutional regulation and empowerment of opposition parties in Africa Adam Abebe
7. Parties versus democracy: addressing today's political party threats to democratic rule Tom Gerald Daly and Brian Jones
8. What is the value of a constitutionalized right to vote? Yasmin Dawood
Part III. Specific Institutions: 9. Political parties, voting systems, and the twin challenges of fragmented and unduly concentrated political power Stephen Gardbaum
10. Off the reservation voting: dynamic responses to diaspora Elizabeth Reese
11. Courts as constitutional rule-makers for elections and parties: some comparative evidence Aziz Huq
12. Eternity clauses and electoral democracy Silvia Suteu
13. Monarchy and Democracy in Modern Malaysia Yvonne Tew
Index.

Subject Areas: Constitutional & administrative law [LND]