David Landau
Biographic Data
| ID | 192218 |
|---|---|
| NAME | David Landau |
| GIVEN NAMES | David |
| FAMILY NAME | Landau |
| SIGNATURE | LANDAU D |
| AFFILIATIONS | Florida State University |
| ORCID | 0000-0002-4990-0400 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 20 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1953 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
Utopian constitutionalism in Chile
In this article, we argue that the 2022 Chilean draft Constitution helps to articulate the distinction between a transformative constitutional project and a utopian one. Whereas a transformative project lays down markers for social change that will take time to achieve, a utopian project sets out goals that are unlikely to be achieved within any reasonable timeframe. Utopianism is a product of two relationships. The first is the internal relation…
Healing Liberal Democracies: The Role of Restorative Constitutionalism
This brief essay contrasts two modes of constitutional change: abusive constitutional projects that seek to erode democracy and restorative constitutional projects that aim to repair eroded democratic constitutional orders. Constitutional democracies are eroded and restored via the same mechanisms: formal processes of constitutional amendment and replacement, legislative amendment, changes to executive policies and practices (or respect for conve…
Personalism and the Trajectories of Populist Constitutions
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken power in recent years have often sought to carry out formal or informal constitutional changes. Whereas some of these changes have been celebrated as constitutional innovations, many have been viewed as threats to democracy. Focusing on examples from La…
Constitucionalismo abusivo
This paper identifies an increasingly important phenomenon: the use of mechanisms of constitutional change to erode the democratic order. A rash of recent incidents in a diverse group of countries such as Hungary, Egypt, and Venezuela has shown that the tools of constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease. Since military coups and other blatant ruptures in the constitutional…
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Choosing between simple and complex remedies in socio-economic rights cases
Recent work by Kent Roach argues that the best way for judges to protect significant violations of rights is through a two-track approach that combines simple and complex, dialogical remedies. He insightfully shows that simple and complex remedies perform different roles and vindicate different conceptions of justice. This article considers the role of simple and complex remedies in enforcing socio-economic rights. The author argues that the idea…
Presidential Term Limits in Latin America: A Critical Analysis of the Migration of the Unconstitutional Constitutional Amendment Doctrine
Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. Fr…
Affect regulation: Two clinical approaches
Vasari, Prints and Prejudice
Journal Article Vasari, Prints and Prejudice Get access DAVID LANDAU DAVID LANDAU Search for other works by this author on: Oxford Academic Google Scholar Oxford Art Journal, Volume 6, Issue 1, 1983, Pages 3–10, https://doi.org/10.1093/oxartj/6.1.3 Published: 01 March 1983
Kissinger: The Uses of Power
The World of the Office Worker
The World of the Office Worker
Consultation and Guidance Service on Alcoholism for Business and Industry in Boston
Choosing between simple and complex remedies in socio-economic rights cases
Recent work by Kent Roach argues that the best way for judges to protect significant violations of rights is through a two-track approach that combines simple and complex, dialogical remedies. He insightfully shows that simple and complex remedies perform different roles and vindicate different conceptions of justice. This article considers the role of simple and complex remedies in enforcing socio-economic rights. The author argues that the idea…
Utopian constitutionalism in Chile
In this article, we argue that the 2022 Chilean draft Constitution helps to articulate the distinction between a transformative constitutional project and a utopian one. Whereas a transformative project lays down markers for social change that will take time to achieve, a utopian project sets out goals that are unlikely to be achieved within any reasonable timeframe. Utopianism is a product of two relationships. The first is the internal relation…
Personalism and the Trajectories of Populist Constitutions
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken power in recent years have often sought to carry out formal or informal constitutional changes. Whereas some of these changes have been celebrated as constitutional innovations, many have been viewed as threats to democracy. Focusing on examples from La…
Presidential Term Limits in Latin America: A Critical Analysis of the Migration of the Unconstitutional Constitutional Amendment Doctrine
Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. Fr…
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Healing Liberal Democracies: The Role of Restorative Constitutionalism
This brief essay contrasts two modes of constitutional change: abusive constitutional projects that seek to erode democracy and restorative constitutional projects that aim to repair eroded democratic constitutional orders. Constitutional democracies are eroded and restored via the same mechanisms: formal processes of constitutional amendment and replacement, legislative amendment, changes to executive policies and practices (or respect for conve…
Constitucionalismo abusivo
This paper identifies an increasingly important phenomenon: the use of mechanisms of constitutional change to erode the democratic order. A rash of recent incidents in a diverse group of countries such as Hungary, Egypt, and Venezuela has shown that the tools of constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease. Since military coups and other blatant ruptures in the constitutional…
Consultation and Guidance Service on Alcoholism for Business and Industry in Boston
The World of the Office Worker
The World of the Office Worker
Kissinger: The Uses of Power
Vasari, Prints and Prejudice
Journal Article Vasari, Prints and Prejudice Get access DAVID LANDAU DAVID LANDAU Search for other works by this author on: Oxford Academic Google Scholar Oxford Art Journal, Volume 6, Issue 1, 1983, Pages 3–10, https://doi.org/10.1093/oxartj/6.1.3 Published: 01 March 1983
Affect regulation: Two clinical approaches
Presidential Term Limits in Latin America: A Critical Analysis of the Migration of the Unconstitutional Constitutional Amendment Doctrine
Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. Fr…
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Choosing between simple and complex remedies in socio-economic rights cases
Recent work by Kent Roach argues that the best way for judges to protect significant violations of rights is through a two-track approach that combines simple and complex, dialogical remedies. He insightfully shows that simple and complex remedies perform different roles and vindicate different conceptions of justice. This article considers the role of simple and complex remedies in enforcing socio-economic rights. The author argues that the idea…
Personalism and the Trajectories of Populist Constitutions
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken power in recent years have often sought to carry out formal or informal constitutional changes. Whereas some of these changes have been celebrated as constitutional innovations, many have been viewed as threats to democracy. Focusing on examples from La…
Constitucionalismo abusivo
This paper identifies an increasingly important phenomenon: the use of mechanisms of constitutional change to erode the democratic order. A rash of recent incidents in a diverse group of countries such as Hungary, Egypt, and Venezuela has shown that the tools of constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease. Since military coups and other blatant ruptures in the constitutional…
Healing Liberal Democracies: The Role of Restorative Constitutionalism
This brief essay contrasts two modes of constitutional change: abusive constitutional projects that seek to erode democracy and restorative constitutional projects that aim to repair eroded democratic constitutional orders. Constitutional democracies are eroded and restored via the same mechanisms: formal processes of constitutional amendment and replacement, legislative amendment, changes to executive policies and practices (or respect for conve…
Utopian constitutionalism in Chile
In this article, we argue that the 2022 Chilean draft Constitution helps to articulate the distinction between a transformative constitutional project and a utopian one. Whereas a transformative project lays down markers for social change that will take time to achieve, a utopian project sets out goals that are unlikely to be achieved within any reasonable timeframe. Utopianism is a product of two relationships. The first is the internal relation…
Law (8 works) · Political science (8 works) · Law (7 works) · Law and economics (7 works) · Constitutionalism (6 works) · Democracy (6 works) · Judicial and Constitutional Studies (6 works) · Politics (6 works) · Sociology (6 works) · Comparative constitutional jurisprudence studies (5 works)