From the co-authors of the classic Civil Society and Political Theory, Populism and Civil Society offers an empirically informed, systematic theoretical analysis of the political challenges posed by contemporary populism to constitutional democracies. Populism and Civil Society provides a political assessment and critical theory of the significance of what is now a global phenomenon: the growing populist challenge to constitutional democracy. Andrew Arato and Jea...

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with r...

Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic...

The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist na...

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference.As long as it w...

The essays in this volume trace an intellectual odyssey, a search for a genuinely critical theory. The book begins with the question of why the Frankfurt School as well as other neo-Marxist and post-Marxist analysts, both in the West and in dissident circles in the East, failed to produce a critical theory of Soviet socialism or to establish a dynamic relationship with contemporary social movements. As the political struggle in Eastern Europe intensified, the author of this book disengaged...

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wh...

Donald Trump, Silvio Berlusconi, Marine Le Pen, Hugo Chávez—populists are on the rise across the globe. But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? These questions have never been more pressing.In thi...

With engaging wit and subtle irony, Albert Hirschman maps the diffuse and treacherous world of reactionary rhetoric in which conservative public figures, thinkers, and polemicists have been arguing against progressive agendas and reforms for the past two hundred years. He draws his examples from three successive waves of reactive thought that arose in response to the liberal ideas of the French Revolution and the Declaration of the Rights of Man, to democratization and the drive toward uni...

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil ru...

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic...

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?"In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism...