Skip to main content Accessibility help
×
Hostname: page-component-5cf477f64f-tgq86 Total loading time: 0 Render date: 2025-03-31T04:28:10.426Z Has data issue: false hasContentIssue false

60 - Constitutional Hardball

from Part IV - Challenges for Constitutional Democracy

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
Get access

Summary

Constitutional hardball consists of practices that are consistent with the formal requirements of constitutional democracy but that destabilize and potentially transform it. This Chapter examines why political actors engage in hardball, focusing first on their short-term political motivations and then turning to the function of constitutional hardball within reasonably well-functioning constitutional democracies. The Chapter ends with a discussion of what might be done to convert constitutional hardball into ordinary political maneuvering, conclude that such efforts are unlikely to succeed and might be inappropriate (though not illiberal) efforts to halt more or less ordinary transformations in political practices.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2025

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Recommended Reading

Balkin, J. (2020). The Cycles of Constitutional Time, Oxford: Oxford University Press.CrossRefGoogle Scholar
Chafetz, J. & Pozen, P. (2018). How Constitutional Norms Break Down. UCLA Law Review, 65 (4), 14301459.Google Scholar
Fishkin, J. & Pozen, D. E. (2018). Asymmetrical Constitutional Hardball. Columbia Law Review, 118 (3), 915982Google Scholar
Ginsburg, T. & Huq, A. (2018). How to Save a Constitutional Democracy, Chicago: University of Chicago Press.Google Scholar
Levitsky, S. & Ziblatt, D. (2018). How Democracies Die, New York: Crown Publishers.Google Scholar
Pozen, D. E. (2019). Hardball and/as Anti-Hardball. New York University Journal of Legislation & Public Policy, 21 (4), 949955.Google Scholar
Tushnet, M. (2004). Constitutional Hardball. John Marshall Law Review, 37 (2), 523553.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

Available formats
×

Save book to Google Drive

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.

Available formats
×