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Term-limit evasions and the non-compliance cycle

Executive term limits are evidently under stress in many jurisdictions. One mode in which they are evaded is through the formal revision or abrogation of a constitution. Such a process accelerates a pernicious cycle in which constitutional non-compliance begets constitutional instability, which in t...

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Autor principal: Elkins, Zachary
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer US 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8216587/
http://dx.doi.org/10.1007/s10602-021-09332-y
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author Elkins, Zachary
author_facet Elkins, Zachary
author_sort Elkins, Zachary
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description Executive term limits are evidently under stress in many jurisdictions. One mode in which they are evaded is through the formal revision or abrogation of a constitution. Such a process accelerates a pernicious cycle in which constitutional non-compliance begets constitutional instability, which in turn begets subsequent non-compliance. Such a non-compliance cycle is a core problem in law, and one that deserves more careful examination in various domains. This essay unearths original historical evidence of term-limit provisions and executive tenure in an effort to illuminate and evaluate the phenomenon. A background concern is that of international (and domestic) approaches to term-limit evasion. One intellectual response is that of militant democracy. The logic of that approach would imply the entrenchment and protection of term limits, which would presumably disrupt the cycle of non-compliance.
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spelling pubmed-82165872021-06-23 Term-limit evasions and the non-compliance cycle Elkins, Zachary Const Polit Econ Original Paper Executive term limits are evidently under stress in many jurisdictions. One mode in which they are evaded is through the formal revision or abrogation of a constitution. Such a process accelerates a pernicious cycle in which constitutional non-compliance begets constitutional instability, which in turn begets subsequent non-compliance. Such a non-compliance cycle is a core problem in law, and one that deserves more careful examination in various domains. This essay unearths original historical evidence of term-limit provisions and executive tenure in an effort to illuminate and evaluate the phenomenon. A background concern is that of international (and domestic) approaches to term-limit evasion. One intellectual response is that of militant democracy. The logic of that approach would imply the entrenchment and protection of term limits, which would presumably disrupt the cycle of non-compliance. Springer US 2021-06-21 2021 /pmc/articles/PMC8216587/ http://dx.doi.org/10.1007/s10602-021-09332-y Text en © The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2021 This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.
spellingShingle Original Paper
Elkins, Zachary
Term-limit evasions and the non-compliance cycle
title Term-limit evasions and the non-compliance cycle
title_full Term-limit evasions and the non-compliance cycle
title_fullStr Term-limit evasions and the non-compliance cycle
title_full_unstemmed Term-limit evasions and the non-compliance cycle
title_short Term-limit evasions and the non-compliance cycle
title_sort term-limit evasions and the non-compliance cycle
topic Original Paper
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8216587/
http://dx.doi.org/10.1007/s10602-021-09332-y
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