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The new fourth branch : institutions for protecting constitutional democracy

The new fourth branch : institutions for protecting constitutional democracy (Loan 1 times)

Material type
단행본
Personal Author
Tushnet, Mark V., 1945- author.
Title Statement
The new fourth branch : institutions for protecting constitutional democracy / Mark Tushnet, Harvard Law School, Massachusetts.
Publication, Distribution, etc
Cambridge, United Kingdom ;   New York, NY :   Cambridge University Press,   2021.  
Physical Medium
ix, 186 p. ; 23 cm.
Series Statement
Comparative constitutional law and policy
ISBN
9781316517833 (hardback) 9781009048491 (paperback) 9781009047609 (epub)
요약
"Chapter Nine of South Africa's Constitution is titled, "State Institutions Protecting Constitutional Democracy." Its list of institutions that "strengthen constitutional democracy" includes the Public Prosecutor, the Human Rights Commission, the Auditor-General, and the Electoral Commission. Seen in the context of the Constitution's written text, these institutions form a branch on a par with Parliament and the President. Textual placement may not be important in itself. The authors of the South African Constitution were on to something important, though. They saw that the traditional Montesqueian enumeration of three and only three branches of government no longer identified the complete set of desiderata for institutional design. Dissatisfaction with the Montesquiean enumeration was apparent as well in Roberto Mangabeira Unger's False Necessity, published in 1987. That enumeration, Unger wrote, was "dangerous" because it "generates a stifling and perverse institutional logic...." The solution for Unger lay in multiplying the number of branches. He offered several examples: a branch "especially charged with enlarging access to the means of communication, information, and expertise," and a branch - labeled the "destabilization branch" - designed "to give every transformative practice a chance.""--
Content Notes
Introduction -- Why a fourth branch - the structural logic -- Why a fourth branch - the functional logic -- Design issues in general -- Design principles in practice - A survey -- Anticorruption investigations - Case studies from Brazil and South Africa -- Electoral commissions - Case Studies from India, the United States, and South Korea -- Audit agencies -- Conclusion.
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
Constitutional law. Independent regulatory commissions. Separation of powers.
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020 ▼a 9781009048491 (paperback)
020 ▼a 9781009047609 (epub)
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100 1 ▼a Tushnet, Mark V., ▼d 1945- ▼e author.
245 1 4 ▼a The new fourth branch : ▼b institutions for protecting constitutional democracy / ▼c Mark Tushnet, Harvard Law School, Massachusetts.
260 ▼a Cambridge, United Kingdom ; ▼a New York, NY : ▼b Cambridge University Press, ▼c 2021.
264 1 ▼a Cambridge, United Kingdom ; ▼a New York, NY : ▼b Cambridge University Press, ▼c 2021.
300 ▼a ix, 186 p. ; ▼c 23 cm.
336 ▼a text ▼b txt ▼2 rdacontent
337 ▼a unmediated ▼b n ▼2 rdamedia
338 ▼a volume ▼b nc ▼2 rdacarrier
490 1 ▼a Comparative constitutional law and policy
504 ▼a Includes bibliographical references and index.
505 0 ▼a Introduction -- Why a fourth branch - the structural logic -- Why a fourth branch - the functional logic -- Design issues in general -- Design principles in practice - A survey -- Anticorruption investigations - Case studies from Brazil and South Africa -- Electoral commissions - Case Studies from India, the United States, and South Korea -- Audit agencies -- Conclusion.
520 ▼a "Chapter Nine of South Africa's Constitution is titled, "State Institutions Protecting Constitutional Democracy." Its list of institutions that "strengthen constitutional democracy" includes the Public Prosecutor, the Human Rights Commission, the Auditor-General, and the Electoral Commission. Seen in the context of the Constitution's written text, these institutions form a branch on a par with Parliament and the President. Textual placement may not be important in itself. The authors of the South African Constitution were on to something important, though. They saw that the traditional Montesqueian enumeration of three and only three branches of government no longer identified the complete set of desiderata for institutional design. Dissatisfaction with the Montesquiean enumeration was apparent as well in Roberto Mangabeira Unger's False Necessity, published in 1987. That enumeration, Unger wrote, was "dangerous" because it "generates a stifling and perverse institutional logic...." The solution for Unger lay in multiplying the number of branches. He offered several examples: a branch "especially charged with enlarging access to the means of communication, information, and expertise," and a branch - labeled the "destabilization branch" - designed "to give every transformative practice a chance.""-- ▼c Provided by publisher.
650 0 ▼a Constitutional law.
650 0 ▼a Independent regulatory commissions.
650 0 ▼a Separation of powers.
830 0 ▼a Comparative constitutional law and policy.
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342.04 T964n Accession No. 111855440 Availability In loan Due Date 2022-03-08 Make a Reservation Available for Reserve R Service M

Contents information

Table of Contents

1. Introduction; 2. Why a fourth branch - the structural logic; 3. Why a fourth branch - the functional logic; 4. Design issues in general; 5. Design principles in practice - a survey; 6. Anticorruption investigations - case studies from Brazil and South Africa; 7. Electoral commissions - case studies from India, the United States, and South Korea; 8. Audit agencies; 9. Conclusion.

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