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Jonathan Mendilow

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Alix Meyer and Eric Phélippeau

What are the constraints on the political communication of party organizations? And just how much are candidates and parties spending on communication and propaganda? This chapter is an attempt to begin answering these questions. It starts by noting the scarcity of reliable and detailed comparative data on this topic before reviewing the different modes of partisan propaganda and the factors that can explain how parties and candidates can be incentivized to use more modes than others depending on the context. We observe that the behavior of parties and candidates is indeed shaped by the structure of the political system, cultural norms or the dynamics of the party system wherein they operate. To a certain extent, they are also dependent on access to certain technology. Finally, what is the impact of statutory and regulatory constraints on political communication? How does campaign finance regulation more broadly influence the contours of the electoral competition? These are some of the questions that this chapter proposes to address in a final section and conclusion.

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Silvia Suteu

This chapter aims to provide initial answers to the basic question of whether and how participation in constitution-making delivers for women. The chapter proceeds by first outlining the contours of the debate surrounding popular participation in constitution-making, identifying the benefits and potential pitfalls such participation may yield. The chapter then looks at three instances of popular involvement in constitutional change: the 2014 Scottish independence referendum, the 2012-14 Irish Constitutional Convention and the 2011-14 Tunisian constitution-making experience, analysing the level and nature of women’s participation in all these processes. Subsequently, the chapter evaluates the successes and failures of participatory mechanisms such as referendums, constitutional conventions and public consultations in empowering women as equal participants, and their ability to ensure gender-sensitive deliberations. The chapter also raises questions as to whether participation is to be resorted to in all cases of constitutional reform and the propensity for it to be an obstacle to, rather than a vehicle for, gender equality.

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Helen Irving

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Mark Tushnet

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Tamas Gyorfi

The first chapter of the book has three main purposes. First, it defines what the New Constitutionalism is and documents how it has become the orthodox view in constitutional theory. In the terminology of the book, the New Constitutionalism refers to a particular institutional arrangement that comprises four tenets: (1) an entrenched and codified constitution; (2) a codified bill of rights; (3) constitutional judicial review with the power to strike down legislation; (4) the robust exercise of judicial review. However, the New Constitutionalism also refers to the view that the very idea of constitutionalism requires the aforementioned institutional arrangement. Second, the present chapter also addresses the question of why the New Constitutionalism has become the reigning paradigm of constitutional law and explores six possible explanations. Finally, Chapter One spells out the main methodological principles that underpin the book and provides the reader with an outline of the argument.
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Tamas Gyorfi

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Tamas Gyorfi