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Index

Published online by Cambridge University Press:  20 October 2022

Edited by
Vicki C. Jackson  and
Yasmin Dawood
Vicki C. Jackson
Affiliation:
Harvard Law School, Massachusetts
Yasmin Dawood
Affiliation:
University of Toronto

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Type
Chapter
Information
Constitutionalism and a Right to Effective Government? , pp. 253 - 262
Publisher: Cambridge University Press
Print publication year: 2022

Index

abortion rights, 11
accommodations
constitutional rules as, 26–33
costs of, 32–33
directive principles and, 29
disharmonic constitution, 27
for slavery, in the United States, 29, 31
in the United Kingdom, 27–28
in presidency, 170–171
Ackerman, Bruce, 34
Adams, John Quincy, 160
administrative agents, 125, 244
administrative law, presidency and, 172–173
administrative officers, 58
administrative recursivity
in representation, 214–216
in legislative realm, 210–214
administrative state. See specific topics
ADR mechanisms. See alternative dispute resolution mechanisms
After the Rights Revolution (Sunstein), 35
Agenda for Sustainable Development (United Nations), 99
All Channels Act (USA) (1962), 90
alternative dispute resolution mechanisms (ADR mechanisms), 148
anarchy, rule of law and, 37–38, 40
anteriority, 199–200
anticipatory bail, in India, 130–132, 134
anticorruption mechanisms, 250–251
anti-statism, in the United States, 158–160
during COVID-19 pandemic, 165–166
antitrust mechanisms, for First Amendment, 91, 93
Arendt, Hannah, 74
ARPANET, 91
Attlee, Clement, 36
Australia
constitutional rules in, as accommodations, 29–30
political parties in, 232
authoritarian constitutionalism, 48
authoritarianism
competitive, 55
effective government and, 48, 54–56
from ineffective government, 3
autocratic legalism, 55
Bachman, Michelle, 244–245
Balogh, Brian, 158
Bangladesh, constitutional directives in, 199–200
Barber, N. W., 52
Basic Law, in Germany, 226, 230–231
Bellamy, Richard, 34, 40
Bentham, Jeremy, 35
Berke, David, 173
bicameralism, constitutionalism and, 49–50
Bickel, Alexander, 34
Biden, Joe, 73, 241–242
bilateral investment treaties (BITs), 67
Black, Hugo, 79–80
Blue Moonlight case, 128–129
Boehner, John, 244–245
Bolsonaro, Jair, 225–226
Bonus Bill (USA) (1817), 160
Brandeis, Louis (Justice), 87
Brazil, state capacity in, 125–127
through incentives, 125–127
for right to health, 125–127
in Supreme Court cases, 126–127
Brown v. Board of Education, 191–192
Bureaucratic Justice (Mashaw), 35
Burger, Warren (Chief Justice), 12
Calhoun, John, 160
Canada, constitutional directives in, 196–197
capacity of effective government
in Brazil, 125–127
through incentives, 125–127
for right to health, 125–127
in Supreme Court cases, 126–127
dialogical judicial review, 133
in India, 129–132
anticipatory bail in, 130–132, 134
D. K. Basu case, 131
Law Commission of India, 130
weak state capacity in, 129–132
negotiations for, 132–134
in South Africa, 127–129
Blue Moonlight case, 128–129
Olivia Road case, 128, 129
for socioeconomic rights, 127–129
theoretical approach to, 124–125
Cardozo, Benjamin (Justice), 190–191
CARES Act (USA), 154
Caro, Robert, 190–191
Castle Rock v. Gonzales, 14
catalytic model of judicial review, 149
checks and balances, post-liberal constitutionalism and, 81–82
plutocracy and, 81–82
of private power, 81
choice of law rules, 65–66
Cicero, 190–191
citizens, role of, 84
Citizens United v. Federal Election Commission, 103
citizenship
liberal constitutionalism and, 83–84
right to effective government and, 74
civil society, 116, 206, 224, 226–227, 233
political parties and, 233
Clay, Henry, 160
Clean Air Council, 155
Clinton v. Jones, 174
Coates, John, 89
coercion
private, 38, 43
public, 38
state, recursivity through, 206–208
Cohen, Morris, 62
Colombia
Colpensiones, 117–121
Constitutional Court
declarations by, 120, 122
jurisdiction for, 108
Law 1448, 116
1991 Constitution
Article 113, 109
purpose of, 108
political parties in, 233–234
tutela judges in, 112–117, 118
Colpensiones, 117–121
commercial speech, 89
common law, development of, 146–147
competitive authoritarian regimes, 55
compliance, private rights and, 64
compromise, 16, 31, 49, 58, 65, 161–162, 183–184, 190–191, 229, 245
consent
defects of, 43
private rights and, 64
Constitution, US. See also First Amendment
Articles of Confederation, 158, 163
Fourteenth Amendment, 6, 8–9
integrative functions of, 24
negative rights in, 5–6
Second Framing of, 6
separation of powers in, 163
Constitution of Colombia (1991), 108
Article 113, 109
The Constitution of Liberty (Hayek), 37
Constitutional Courts
in Colombia
declarations by, 120, 122
jurisdiction of, 108
in Germany, 70
in South Africa, 137–139
constitutional directives
in Bangladesh, 199–200
in Canada, 196–197
contrajudicative nature of, 201–203
as practice, 203–205
weaknesses in, 202–203
as deontic norms, 197–199
in India, 195, 204–205
in Iraq, 196–197
liberal constitutionalism and, 193
in national constitutions, 194
in Nigeria, 195, 196–197
normativity of, 200–201
as obligatory norms, 196–197
in Canada, 196–197
in Iraq, 196–197
in Nigeria, 196–197
in South Africa, 202
as telic norms, 197–199
in Thailand, 202
constitutional duty, 193–196
recognition of, 12
constitutional rules
as accommodations, 26–33
costs of, 32–33
directive principles and, 29
disharmonic constitution, 27
for slavery, in the United States, 29, 31
in the United Kingdom, 27–28
in Australia, 29–30
in European Union constitutions, 32
inconsistency of, 29–30
as resolutions, 24–26, 30–33
for behavioral control, 25–26
inherent value of, 26
judicial enforcement of, 26
in the United Kingdom, 25
in the United Kingdom
as accommodations, 28
Equality Act 2010, 28
Human Rights Act 1998, 28
as resolutions, 25
in the United States
as accommodations, 29, 31
for slavery, 29, 31
constitutional theory, rule of law in, 44
constitutionalism. See also liberal constitutionalism; post-liberal constitutionalism; specific constitutions
authoritarian, 48
bicameralism and, 49–50
corruption and, 247–252
prevention strategies against, through constitutional design, 251–252
effective government and, 5–8
in constitutional theory, 8–9
as foundational to, 156–166
in human rights literature, 5
interdependence between, 57–58
in European Union, functional model of, 52
federalism and, 49–50
of First Amendment, 92–94
in hybrid regimes, 55–56
judicial review and, 49–50
justiciability and, 182
liberal, 4
meaning of, 49–53
negative, 5
negative rights and, 5–6
positive, 6
reconceptualization of, 5–8
rule of law and, 46
tyranny and, 50
contract law, 64
contrajudicative nature, of constitutional directives, 201–203
as practice, 203–205
weaknesses in, 202–203
Correa, Rafael, 225–226
corruption
constitutionalism and, 247–252
liberal, 83
prevention strategies through constitutional design, 251–252
effective governance and, 247–249
anticorruption mechanisms, 250–251
COVID-19 pandemic, 153–154
anti-statism in, 165–166
Cruz, Ted, 244
Cuomo, Mario, 200
D. K. Basu case, 131
Darnton, Robert, 243
Decision T-025, under unconstitutional state of affairs doctrine, 109
Decision T-068, under unconstitutional state of affairs doctrine, 110
Decision T-153, under unconstitutional state of affairs doctrine, 111, 112
Declaration of Independence, US, 6, 156–157
“deeming,” 143
defamation laws, 92
democracy
basic freedoms in, protections of, 3
decline in, from ineffective government, 3
erosion in, 18, 55, 223, 228, 230–231
illiberal, 235
democratic self-government, 68–70
DeShaney v. Winnebago County, 14, 100–101
dialogical judicial review, 133
dialogue, in new managerialism, 144–147
budgeting and planning, 146
common-law development, 146–147
institutional involvement, 145–146
suspension of declaration, 145
Dicey, Albert Venn, 36
digital companies, under First Amendment, 92–93
direct public subsidies, for public interest news sources, 94
directive principles
in Constitution of India, 17
constitutional rules as, 29
effective governance and, 182
disharmonic constitution, 27
dispute settlement mechanisms. See investor–state dispute settlement mechanisms
Doctrine of Right (Kant), 41–42
Dorf, Michael, 132
Douglas, Paul, 190–191
Douglas, William O., 73
Drittwirkung (third-party effect), 100
Duguit, Leon, 34–35
duty
constitutional, recognition of, 12
effective government as, 11–12
positive, 137–139
rule of law as, 38
Dworkin, Ronald, 9
Edling, Max, 158
effective governance, 98–99, 102
under Agenda for Sustainable Development, 99
corruption and, 247–249
anticorruption mechanisms, 250–251
directive principles and, 182
good governance compared to, 98
World Bank on, 103–104
principles of, 99
right to, 104
scope of, 98, 102
United Nations guidelines for, 99
Worldwide Governance Indicators, 98
effective government. See also capacity of effective government; right to effective government
administration of, 16
in authoritarian regimes, 48, 54–56
civil society and, 233
constitutionalism and, 5–8
in constitutional theory, 8–9
as foundational, 156–166
in human rights literature, 5
interdependence between, 57–58
courts, 4
definition of, 4, 7, 49
as duty, 11–12
institutional considerations for, 12–19
interests in, 11
justification of, 11
legislators in, 4
legislatures in, 4
normative considerations for, 12–19
political parties in, 4
purpose of, 11
rights and, 53–54
in conflict with, 56–57
negative, 53–54
structural, 53–54
as self-government, 9
theoretical approaches to, 3–5
unconstitutional state of affairs doctrine as replacement of, 121–123
Eisgruber, Christopher, 51
electoral engineering, 231–232
Ely, John Hart, 34
Engaging with Social Rights (Ray), 128–129
Equality Act 2010, UK, 28
Essert, Christopher, 40
Esterling, Kevin, 211–212
EU. See European Union
European Convention on Human Rights, 103
European Union (EU)
constitutional rules as accommodations in, 32
constitutionalism in, functional model of, 52
experimentalism, 147–148
exploitation, private, in rule of law, 38, 43
Fairness Doctrine, 87
Farage, Nigel, 245
FCC. See Federal Communications Commission
Federal Communications Commission (FCC), 88
federalism, 35
constitutionalism and, 49–50
Feinberg, Joel, 43
Fenno, Richard, 210–211
feudalism, legal entitlements and, 63
First Amendment
affirmative duties of, 94–96
antitrust enforcement of, 91, 93
constitutionality of, 92–94
defamation laws, 92
for digital companies, 92–93
fundamentalism and, 85–86
government support of, 90–91
historical development of, 86–88
Fairness Doctrine, 87
Federal Communications Commission, 88
Lochner v. New York, 88–89
parameters of, 85, 86–88
for commercial speech, 89
for free press, 86
for free speech, 86
for private news organizations, 86, 90–91
for public interest news sources, 86, 90–91
under All Channels Act, 90
under Copyright Act, 94
direct public subsidies for, 94
right of access to information, 93
for tech platform companies, 93
weaponization of, 88–89
first-past-the-post systems (FPTP systems), 239–240
Forbath, William, 34
foreign investors, property rights for, 66–67
Foreign Sovereign Immunities Act (USA), 68
Fourteenth Amendment, 6, 8–9
FPTP systems. See first-past-the-post systems
fragmentation of political parties, 226, 236–242
during communications revolution, 242–246
first-past-the-post systems, 239–240
illiberal democracies, 235
proportional representation systems, 237–239
France, political parties in, 236–237
Franklin, Benjamin, 87
Free Enterprise Fund v. Public Co. Accounting Oversight Board, 169
free speech, 86
freedom of press, 86
Frey, Bruno, 188–189
Friedrich, Carl, 186
fundamentalism, of First Amendment, 85–86
Galatea effect, 188
Gallatin, Albert, 159–160
Germany, 35
Constitutional Court in, 70
Drittwirkung, 100
political parties in, under Basic Law, 226, 230–231
Rechtsstat, 40–42
state law theory in, 34–35
Golem effect, 187
good governance, effective governance compared to, 98
World Bank on, 103–104
Griffith, J. A. G., 34, 36–37
Grimm, Dieter, 24, 34
Grootboom case, 140
Habermas, Jürgen, 34
Hamilton, Alexander, 157–158
Hand, Learned (Justice), 190–191
Harel, Alon, 26, 31
Hart, Philip A., 190–191
Harvard Law Review, 7
Hatch, Orrin, 190–191
Hayek, Friedrich, 37, 40–41
Hirschl, Ran, 20
Holmes, Oliver Wendell, Jr. (Justice), 87, 190–191
Hoyer, Steny, 244–245
human rights. See also international human rights law
effective, 99–101
effective government and, literature for, 5
positive, 14
South African Human Rights Commission, 145–146
Human Rights Act 1998, UK, 28
Hunt, Lynn, 243
Huntington, Samuel, 124
ICCPR. See International Covenant on Civil and Political Rights
ICESCR. See International Covenant on Economic, Social and Cultural Rights
IDPs. See internally displaced persons (IDPs)
illiberal democracies, 235
incompletely theorized agreement, 29
India
Constitution of, directive principles in, 17
constitutional directives in, 195, 204–205
state capacity in, 129–132
anticipatory bail in, 130–132, 134
D. K. Basu case, 131
Law Commission of India, 130
weak, 129–132
ineffective government
as global crisis, 3
with rights, 56
INS v. Chadha, 162–163
internally displaced persons (IDPs)
follow-up mechanisms, 117–121
Law 1448, 116
under unconstitutional affairs doctrine, 108, 112–117
International Bill of Rights, 97
International Covenant on Civil and Political Rights (ICCPR), 97–98
Drittwirkung and, 100
protections under, 103
International Covenant on Economic, Social and Cultural Rights (ICESCR), 97–98, 101
international human rights law
International Bill of Rights, 97
International Covenant on Civil and Political Rights, 97–98, 99–101
Drittwirkung and, 100
protections under, 103
International Covenant on Economic, Social and Cultural Rights, 97–98, 101
judicial enforcement of, lack of, 19
right to effective government and, 10
investor–state dispute settlement (ISDS) mechanisms, 66–67
Iraq, constitutional directives in, 196–197
ISDS mechanisms. See investor–state dispute settlement mechanisms
Isiksel, Turkuler, 52
Jackson, Robert (Justice), 12, 89
Jackson, Vicki C., 51–52
Jacobsohn, Gary, 27
Jefferson, Thomas, 89
Johnson, Lyndon, 190–191
judicial review
catalytic model of, 149
constitutionalism and, 49–50
dialogical, 133
justiciability
constitutional obligations of, 182
of rule of law, 41
Kagan, Elena, 88
Kahan, Dan, 189–190
Kant, Immanuel, 40–42
Kennedy, Ted, 190–191
Keynes, John Maynard, 36
Khaitan, Tarunabh, 29, 32–33
King, Jeff, 25, 32–33, 193–194
Kingdon, John, 209
Krygier, Martin, 42, 45
law. See also specific topics
power and, 61–63
Law 1448 (Colombia) (2011), 116
Law Commission of India, 130
Lazer, David, 211–212
legal entitlements, feudalism and, 63
legislators
in effective government, 4
responsibilities of, 185
in rule of law regimes, 185
in the United Kingdom, 186
legislatures
in effective government, 4
recursivity in representation, 209–214
in administrative practice, 210–214
legitimacy of, 209–210
representation and, 182–186
legitimacy, recursivity and, 206–208
in legislative realm, 209–210
Leigh, Andrew, 212
Lerner, Hanna, 30–31
Levinson, Sanford, 58
liberal constitutionalism, 4
citizens under, role of, 84
citizenship and, 83–84
constitutional directives and, 193
corruption and, 83
post-liberal rights and, 79–82
proportionality-type analysis of, 80
representation in, 84
rights creep and, 80
rights inflation and, 80
liberal rights, post-liberal rights and, 79–82
libertarianism, 193
Lincoln, Abraham, 89
Lochner v. New York, 88–89
Locke, John, 40–41
logic of reciprocity, 189–190
Lula da Silva, Luiz Inácio, 225–226
Macron, Emmanuel, 236–237, 243
Madison, James, 50–51
Maier, Peter, 239
managerialism, new judicial
dialogue in, 144–147
budgeting and planning, 146
common-law development, 146–147
suspension of declaration, 145
experimentalism in, 147–148
judicial managerialism, 139–144
in South Africa, constitutionalism and, 137–139
alternative dispute resolution mechanisms, 148
Constitutional Court and, 137–139
control of state assets, 141–142
“deeming,” 143
experimentalism, 147–148
issuance of interim relief, 143
joinder of state assets, 142
meaningful engagement, 147–148
personal joinder and inquiry, 141
personalization of responsibility, 140–141
substantive outcome decrees, 144
supervision of timing, 142–143
theoretical approach to, 135–137
typology for, 136–137
Marshall, Bill, 190
Mashaw, Jerry, 35, 173
McCulloch v. Maryland, 160–161
Michelman, Frank, 34
Mill, John Stuart, 35
Montesquieu, Baron de, 50–51
Muirhead, Russell, 243
Neblo, Michael, 211–212
negative constitutionalism, 5
negative rights, 5–6
New Deal, 35
New Liberalism, in the United Kingdom, 35
new managerialism. See managerialism
Nigeria, constitutional directives in, 195, 196–197
nonrational leadership, 186
Novak, William, 157
Ocasio-Cortez, Alexandria, 244–245
Olivia Road case, 128, 129
outsourcing, 15
The Partial Constitution (Sunstein), 35
Pelosi, Nancy, 244–245
personal joinder and inquiry, 141
Pettit, Philip, 41–42
Pickard, Victor, 85–86
Pincus, Stephen, 157
Pistor, Katharina, 49
Pitkin, Hanna, 84
plutocracy, 81–82
political parties
in Australia, 232
civil society and, 233
collapse of, 226–227
in Colombia, 233–234
competitive, 233, 237
in constitutional design, 230–234
deinstitutionalized, 223–226
dominant, 227–228
single, 227–228
in effective governments, 4
electoral engineering and, 231–232
fragmented, 226, 236–242
during communications revolution, 242–246
first-past-the-post systems, 239–240
illiberal democracies, 235
proportional representation systems, 237–239
in France, 236–237
under German Basic Law, 226, 230–231
overview of, 246
polarized, 228–230
theoretical approach to, 223–224
in the United Kingdom, 240
in the United States, 235–236, 240–242
in Venezuela, 226–227
Poole, Thomas, 36
positive duties, 137–139
positive human rights, 14
positive rights, 10
goals and purposes of, 15–16
rejection of, in Supreme Court doctrine, 8–9
post-liberal constitutionalism, 7
checks and balances in, 81–82
plutocracy and, 81–82
of private power, 81
right to effective government and, 73–79
citizenship and, 74
post-liberal rights and, 76–79
theoretical approaches to, 73–76
post-liberal rights
liberal constitutionalism and, 79–82
liberal rights and, 79–82
post-liberal constitutionalism and, 76–79
power
law and, 61–63
private, 81
PR systems. See proportional representation systems
presidency, president and
under administrative law, 172–173
doctrine of, 168–170
Free Enterprise Fund v. Public Co. Accounting Oversight Board, 169
individuality of, 167
intent of, 168–171
mandates for change, for incumbents, 171–174
personal private character of, 174–177
Clinton v. Jones, 174
as political institution, 167, 168
consistency of, 171–174
presidential practice, 172
public character of, 174–177
theoretical approach to, 167–168
Trump v. Hawaii, 168, 177
two-bodies concept of, 174–178
unitariness of, 169
principles. See directive principles
private coercion, 38
private exploitation, 38
private law, self-government and, 67–68
private news organizations, under First Amendment, 86, 90–91
private power, 81
private rights
autonomy of, 64–66
choice of law rules and, 65–66
compliance and, 64
consent in, 64
contract law and, 64
subordination of, 63–70
privatization, of governments, 15
property rights, 62
bilateral investment treaties, 67
for foreign investors, 66–67
investor–state dispute settlement mechanisms, 66–67
proportional representation systems (PR systems), 237–239
public coercion, 38
public interest news sources, under First Amendment, 86, 90–91
under All Channels Act, 90
under Copyright Act, 94
direct public subsidies for, 94
Public Law, 36–37
public law, presidency under, 167
Pygmalion effect, 187, 188
Ray, Brian, 128–129
Raz, Joseph, on rule of law, 39–40
Rechtsstat, 40–42
reciprocity. See logic of reciprocity
recursivity, in representation, 206, 214–216
in administrative practice, 210–216
in contemporary democracies, 220
corruption and, 206–208
in legislative realm, 209–214
legitimacy issues as result of, 206–208
in legislative realm, 209–210
in societal representation, 217–219
REG. See right to effective government
Rehnquist, William (Justice), 100–101
representation
effective, 84
Galatea effect, 188
Golem effect, 187
legislatures and, 182–186
Pygmalion effect and, 187
recursivity in, 206
societal, 217–219
through delegation of state powers, 217–219
representatives, scope and goals of, 183–184
resolution mechanisms. See alternative dispute resolution mechanisms; investor-state dispute settlement mechanisms
resolutions, constitutional rules as, 24–26, 30–33
for behavioral control, 25–26
inherent value of, 26
judicial enforcement of, 26
in the United Kingdom, 25
right of access to information, 93
right to effective government (REG), 8–10, 13–14, 60–61, 74–76. See also specific topics
citizenship and, 74
under international human rights law, 10
post-liberal constitutionalism and, 74–79
post-liberal rights and, 76–82
for self-governance, 9
value of, 97
right to health, in Brazil, 125–127
right(s)
in effective government, 53–54
conflict between, 56–57
negative rights, 53–54
structural rights and, 53–54
to effective government, 8–10, 13–14, 60–61
under international human rights law, 10
for self-governance, 9
ineffective government with, 56
liberal, 79–82
negative, 5–6
positive, 10
goals and purposes of, 15–16
rejection of, in Supreme Court doctrine, 8–9
post-liberal, 76–82
liberal constitutionalism and, 79–82
liberal rights and, 79–82
post-liberal constitutionalism and, 76–79
property, 62
securing of, 3, 6
structural, 53–54
rights creep, 80
rights inflation, 80
Robson, William, 36
Rosenblum, Nancy, 243
Rousseau, Jean-Jacques, 209
Roux, Theunis, 20
rule of law
anarchy and, 37–38, 40
arbitrary power of, 38, 41–43
argumentative case for, 40
in constitutional theory, 44
constitutionalism and, 46
defects of consent in, 43
definitions of, 42, 46
justiciability of, 41
legislators under, 185
methodological approach to, 44–46
plausibility of, 39–41
as political ideal, 44
private coercion and, 38, 43
private exploitation and, 38, 43
public coercion and, 38
Raz on, 39–40
social dimension of, 36–37, 38–39, 45
as state duty, 38
theoretical approach to, 34–36, 37–39
in welfare state, 45
Sabel, Charles F., 132
Sage, Lawrence G., 34
Scheppele, Kim Lane, 3, 226–227, 229, 230–231
Second Framing, of the US Constitution, 6
self-government
democratic, 68–70
effective, 9
private law and, 67–68
private rights and, subordination of, 63–70
autonomy of, 64–66
choice of law rules and, 65–66
compliance and, 64
consent in, 64
contract law and, 64
property rights, 62
bilateral investment treaties, 67
for foreign investors, 66–67
investor–state dispute settlement mechanisms, 66–67
right to, 9
sovereign debt and, 67–68
under Foreign Sovereign Immunities Act, 68
Shklar, Judith, 36–37
slavery, as constitutional accommodation, 29, 31
social dimension, of rule of law, 36–37, 38–39, 45
as state duty, 38
socioeconomic rights, in South Africa, 127–129
South Africa. See also managerialism
constitutional directives in, 202
state capacity in, 127–129
Blue Moonlight case, 128–129
Olivia Road case, 128, 129
for socioeconomic rights, 127–129
South African Human Rights Commission, 145–146
sovereign debt, 67–68
under Foreign Sovereign Immunities Act, 68
state capacity. See capacity of effective government
state coercion, recursivity through, 206–208
Stein, Nikki, 138
structural rights, 53–54
Sunstein, Cass, 25–26, 28, 32–33, 35, 51
Supreme Courts
in Brazil, 126–127
in India, 130–131
in the United States, positive rights and, rejection of, 8–9
tech platform companies, First Amendment for, 93
Thailand, constitutional directives in, 202
Thatcher, Margaret, 36–37
Third-party effect. See Drittwirkung
“to secure these rights,” 3, 6
Tocqueville, Alexis de, 102
Trump, Donald, 241–242
Trump v. Hawaii, 168, 177
Tushnet, Mark, 140
tutela judges, in Colombia, 112–117, 118
two-bodies concept, of presidency, 174–178
tyranny, constitutionalism and, 50
UK. See United Kingdom
UN. See United Nations
unconstitutional state of affairs doctrine
Colombian Constitutional Court and
declarations by, 120, 122
jurisdiction and, 108
early cases of, 109–112, 113–114, 118, 122
Decision T-025, 109
Decision T-068, 110
Decision T-153, 111, 112
effective government and, as replacement of, 121–123
evolution of, 109–112
internally displaced persons protections under, 108, 112–117
for constitutional rights, 118
follow-up mechanisms, 117–121
Law 1448, 116
overview of, 122–123
purpose of, 107–108
theoretical approach to, 107–109
United Kingdom (UK)
constitution
as accommodations, 23–24
as resolution, 23–24
Equality Act 2010, 28
Human Rights Act 1998, 28
legislators in, 186
nationalization in, 36
New Liberalism in, 35
political parties in, 240
welfare state in, 36
United Nations (UN), 99
United States (USA)
All Channels Act, 90
anti-statism in, 158–160
during COVID-19 pandemic, 165–166
Bonus Bill, 160
CARES Act, 154
Declaration of Independence, 6, 156–157
Fairness Doctrine, 87
Federal Communications Commission, 88
Foreign Sovereign Immunities Act, 68
political parties in, 235–236, 240–242
slavery, 29, 31
United States v. Morrison, 14
USA. See United States
Venezuela, political parties in, 226–227
Wade, William, 36
Waldron, Jeremy, 34
Washington, George, 167
weak state capacity, in India, 129–132
Webster, Daniel, 190–191
welfare state
rule of law in, 45
in the United Kingdom, 36
West, Robin, 42, 190–191
Wood, Alan, 43
World Bank, 98, 103–104
Worldwide Governance Indicators, for effective governance, 98
Zuma, Jacob, 138–39

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  • Index
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book: Constitutionalism and a Right to Effective Government?
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158541.020
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  • Index
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book: Constitutionalism and a Right to Effective Government?
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158541.020
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Index
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book: Constitutionalism and a Right to Effective Government?
  • Online publication: 20 October 2022
  • Chapter DOI: https://doi.org/10.1017/9781009158541.020
Available formats
×