Description: We the Mediated People: Popular Constitution-Making in Contemporary South America [Hardcover] Braver, Joshua Product Overview The “people” are the ultimate source of authority for a constitution. But who are the people? The danger is that populist leaders will define the people as one segment of the population that is unbound by law to create a new constitution that centralizes power in the leader's hands. This book retells the story of popular constitution-making in South America to develop an alternative theory of the relationship of the people to law. Braver examines how and how not to violate law to construct an inclusive people so they may realize their freedom to break with the past but still stave off the establishment of semi-authoritarian constitutions. Through the “extraordinary adaptation” of old institutions, the people and its constitutional convention may include all parties. Rather than overthrowing old institutions and opening a legal void, in extraordinary adaptation, the revolutionary party gains offices through democratic elections and then repurposes the old regime's institutions by bending, reinterpreting, and even breaking their rules. However, it never creates a legal vacuum, and this partial legal continuity facilitates the participation of old parties that continue to hold some power in the previous constitution's institutions. The adaptation must be principled: the revolutionary must first exhaust all legal channels, openly acknowledge the violation to seek popular vindication, and concede enough to the opposition so that it may begrudgingly acquiesce to the new constitution. The book develops the theories of constitution-making by examining all four instances of popular constitution-making in contemporary South America. It shows how populist leaders in Venezuela and Ecuador established semi- authoritarian constitutions through lawless constitution-making while Colombia and Bolivia managed to avoid the same fate by engaging in extraordinary adaptation. Read more Details Publisher : Oxford University Press (February 17, 2023) Language : English Hardcover : 264 pages ISBN-10 : 0197650635 ISBN-13 : 39 Item Weight : 1.15 pounds Dimensions : 9.3 x 0.91 x 6.49 inches Best Sellers Rank: #3,890,223 in Books (See Top 100 in Books) #428 in Comparative Law (Books) #967 in Constitutional Law (Books) #1,937 in Political History (Books) #428 in Comparative Law (Books) We have been selling used books since 2012, and we've learned that the most important thing is doing good business. Honesty is our policy. Free Shipping We ship worldwide. We have multiple warehouses around the world, so please note the extended handling time on certain listings.
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ISBN: 0197650635
ISBN10: 0197650635
ISBN13: 9780197650639
EAN: 9780197650639
MPN: does not apply
Brand: NA
GTIN: 09780197650639
Number of Pages: 264 Pages
Language: English
Publication Name: We the Mediated People : Popular Constitution-Making in Contemporary South America
Publisher: Oxford University Press, Incorporated
Subject: General, Comparative
Item Height: 0.9 in
Publication Year: 2023
Item Weight: 18.9 Oz
Type: Textbook
Author: Joshua Braver
Subject Area: Law
Item Length: 6.5 in
Item Width: 9.3 in
Format: Hardcover