In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom.
Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms.
Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
During the seventeenth century, many of the fundamental characteristics of Spanish America were established. Peter Marzahl adds significantly to our understanding of this period with this study of Popayán, a town in what was then part of New Granada and is now Colombia. New Granada was something of a backwater of the empire, but very likely Popayán was more typical of everyday colonial life than the major centers that have drawn most attention from historians.
In the first part of his study, Marzahl describes both town and region, depicts economic activities (agriculture, gold mining, trade), and analyzes urban and rural society. Of particular interest is his discussion of the complex interaction among the different ethnic groups: Spaniards, Mestizos, Indians, and Blacks. In the longer second part he presents a detailed account of the makeup and operations of the town councils. His extensive research in primary sources makes possible a thorough examination of Popayán's administration and politics and their relationship to economic and social patterns. He also describes the councils' relations with the provincial governors, the viceregal authorities in Bogotá, and the Church. Because this study treats a neglected period and region and, in so doing, offers fresh materials and insights, it is an important contribution to our knowledge and comprehension of colonial Spanish America.
In the past thirty years, Americans have lost faith in their government and the politicians who lead it. They have blamed Washington for a long list of problems, ranging from poor schools to costly medical care to high rates of violent crime. After investigating these complaints and determining that many are justified, Derek Bok seeks to determine the main reasons for the failings and frustrations associated with government.
Discounting three common explanations--deteriorating leadership, the effect of the media on the political process, and the influence of interest groups--Bok identifies four weaknesses that particularly need explaining: a persistent tendency by Congress to design programs poorly; to impose expensive and often quixotic regulations that produce only modest results; to do less than other leading democracies to protect working people from illness, unemployment, and other basic hazards of life; and to leave large numbers of people, especially children, living in poverty.
Bok goes on to explore the reasons for these fundamental weaknesses and to discuss popular remedies such as term limits, devolution, "reinventing" government, and campaign finance reform. While some of these proposals have merit, Bok finds a deeper, more troubling paradox: Americans want to gain more power over their government, but are devoting less time to exerting a constructive influence. Their dissatisfaction with government is growing as their participation in the political process is declining. These contradictory trends, Bok argues, contribute to the problems of our democracy. Fortunately, there are many concrete steps that Americans can take to be politically engaged and to help their government improve its performance.
"Democracy," Bok concludes, "is a collective venture which falters or flourishes depending on the efforts citizens invest in its behalf."
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