Democratic Theories And The Constitution

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Democratic Theories and the Constitution

Martin Edelman
Democratic Theories and the Constitution Book PDF

Author : Martin Edelman
Publisher : State University of New York Press
Page : 416 pages
File Size : 44,6 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 9781438401843

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Democratic Theories and the Constitution by Martin Edelman Pdf

Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

Constitutions and Political Theory

Jan-Erik Lane
Constitutions and Political Theory Book PDF

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 49,9 Mb
Release : 1996
Category : Comparative government
ISBN : 0719046483

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Constitutions and Political Theory by Jan-Erik Lane Pdf

Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.

Critical Theory and Democracy

Enrique Peruzzotti,Martin Plot
Critical Theory and Democracy Book PDF

Author : Enrique Peruzzotti,Martin Plot
Publisher : Routledge
Page : 292 pages
File Size : 45,8 Mb
Release : 2012-11-27
Category : Political Science
ISBN : 9781136183713

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Critical Theory and Democracy by Enrique Peruzzotti,Martin Plot Pdf

This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars.

The State of Democratic Theory

Ian Shapiro
The State of Democratic Theory Book PDF

Author : Ian Shapiro
Publisher : Princeton University Press
Page : 200 pages
File Size : 51,5 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 0691123969

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The State of Democratic Theory by Ian Shapiro Pdf

What should we expect from democracy, and how likely is it that democracies will live up to those expectations? In The State of Democratic Theory, Ian Shapiro offers a critical assessment of contemporary answers to these questions, lays out his distinctive alternative, and explores its implications for policy and political action. Some accounts of democracy's purposes focus on aggregating preferences; others deal with collective deliberation in search of the common good. Shapiro reveals the shortcomings of both, arguing instead that democracy should be geared toward minimizing domination throughout society. He contends that Joseph Schumpeter's classic defense of competitive democracy is a useful starting point for achieving this purpose, but that it stands in need of radical supplementation--both with respect to its operation in national political institutions and in its extension to other forms of collective association. Shapiro's unusually wide-ranging discussion also deals with the conditions that make democracy's survival more and less likely, with the challenges presented by ethnic differences and claims for group rights, and with the relations between democracy and the distribution of income and wealth. Ranging over politics, philosophy, constitutional law, economics, sociology, and psychology, this book is written in Shapiro's characteristic lucid style--a style that engages practitioners within the field while also opening up the debate to newcomers.

The People's House of Commons

David E. Smith
The People s House of Commons Book PDF

Author : David E. Smith
Publisher : University of Toronto Press
Page : 326 pages
File Size : 55,5 Mb
Release : 2007-04-21
Category : Political Science
ISBN : 9781442691599

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The People's House of Commons by David E. Smith Pdf

Canada's House of Commons has come under considerable attack in recent years. Many critics have contended that the House has been unresponsive to public opinion, and that its party leaders have too much control, while leaving individual MPs essentially powerless. The House has also faced challenges by the courts since the introduction of the Charter, a powerful bureaucracy equipped with specialized knowledge, and new telecommunications systems that are redefining the transfer of information. Through an examination of academic, judicial, political, and legal commentary, The People's House of Commons explores the role of the House as a public institution. While addressing much of the criticism that has been levelled at the House, David E. Smith considers the competing political models and inherent tensions and their affect on public understanding. Smith maintains that court decisions are transforming the political system from one dominated by parties to one that promotes individual participation. He argues that reforms such as fixed election dates or stronger parliamentary committees have constitutional significance since their implementation would alter the practice of responsible government, which for more than a century has been a party government. A definitive work by one of Canada's foremost experts in the field of political science, The People's House of Commons explores the ramifications of many of the changes currently being proposed to Canada's political system, with particular reference to their affect on prerogative power, parliamentary privilege, party discipline, bicameralism, and the role of the opposition.

Democratic Rights

Corey Brettschneider
Democratic Rights Book PDF

Author : Corey Brettschneider
Publisher : Princeton University Press
Page : 191 pages
File Size : 43,9 Mb
Release : 2010-10-10
Category : Law
ISBN : 9780691149301

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Democratic Rights by Corey Brettschneider Pdf

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.

Democracy and Distrust

John Hart Ely
Democracy and Distrust Book PDF

Author : John Hart Ely
Publisher : Harvard University Press
Page : 281 pages
File Size : 45,9 Mb
Release : 1981-08-15
Category : Law
ISBN : 9780674263291

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Democracy and Distrust by John Hart Ely Pdf

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

The Constitution of Equality

Thomas Christiano
The Constitution of Equality Book PDF

Author : Thomas Christiano
Publisher : OUP Oxford
Page : 320 pages
File Size : 55,6 Mb
Release : 2010-06-10
Category : Political Science
ISBN : 9780191613913

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The Constitution of Equality by Thomas Christiano Pdf

What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Liberalism, Constitutionalism, and Democracy

Russell Hardin
Liberalism Constitutionalism and Democracy Book PDF

Author : Russell Hardin
Publisher : Oxford University Press on Demand
Page : 398 pages
File Size : 52,9 Mb
Release : 2003
Category : Political Science
ISBN : 9780199261680

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Liberalism, Constitutionalism, and Democracy by Russell Hardin Pdf

In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in whichco-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there areharsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.

A Pure Theory of Democracy

Antonio García-Trevijano
A Pure Theory of Democracy Book PDF

Author : Antonio García-Trevijano
Publisher : University Press of America
Page : 202 pages
File Size : 47,6 Mb
Release : 2009-09-30
Category : Political Science
ISBN : 9780761848578

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A Pure Theory of Democracy by Antonio García-Trevijano Pdf

'This is not a democracy,' Antonio Garc'a-Trevijano denounces in the first pages of this book. To confront the great lie that Europe does have democratic regimes, a lie rooted in people's confounding of the liberties they enjoy with the political freedom that they lack, the author builds a realistic theory of democracy to end the false idea that corruption, state crime, and public immorality are democracy's (undesirable) products and not the natural and inevitable fruits of oligarchic regimes. Thanks to a superb review of the events that mark the history of democracy, the author reveals the obstacles that, from the 17th century English revolution, the United States' War of Independence, and the French Revolution, opposed political freedom, deviating old Europe's democratic possibilities toward the current parties' state. There exist important theories of the state and of constitution, but none that can be called a theory of democracy. Antonio Garc'a-Trevijano's original theory, a modern synthesis of Rousseau's pure democracy and Montesquieu's political freedom, responds to European need for a theory of democracy as a real alternative to the corrupted parties' regime that was engendered by Western pragmatism during the Cold War.

Constitutional Theory

Carl Schmitt
Constitutional Theory Book PDF

Author : Carl Schmitt
Publisher : Duke University Press
Page : 492 pages
File Size : 47,9 Mb
Release : 2008-01-23
Category : Law
ISBN : 0822390582

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Constitutional Theory by Carl Schmitt Pdf

Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

The Time of Popular Sovereignty

Paulina Ochoa Espejo
The Time of Popular Sovereignty Book PDF

Author : Paulina Ochoa Espejo
Publisher : Penn State Press
Page : 234 pages
File Size : 47,8 Mb
Release : 2015-09-10
Category : Political Science
ISBN : 9780271056791

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The Time of Popular Sovereignty by Paulina Ochoa Espejo Pdf

Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In The Time of Popular Sovereignty, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and critical theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy.

Constitutional Democracy

Fred Eidlin
Constitutional Democracy Book PDF

Author : Fred Eidlin
Publisher : Routledge
Page : 419 pages
File Size : 40,6 Mb
Release : 2019-03-04
Category : Political Science
ISBN : 9780429716980

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Constitutional Democracy by Fred Eidlin Pdf

A frequent criticism of contemporary political science is that empirical research too seldom is combined with in-depth inquiry into the philosophical, historical, and legal foundations of the societies it seeks to understand. Others suggest that political scientists specializing in U.S. government too rarely collaborate with those who study other countries. The contributions in this volume belie these claims. The authors, all colleagues, students, and friends of Henry W. Ehrmann, represent the U.S., France, Germany, and Canada, the four countries in which Dr. Ehrmann has lived. The essays reflect the breadth and scope of Ehrmann's work as a teacher, scholar, and political activist. The contributions to this volume cover a broad range of topics, among them political theory and methodology of comparative politics and the interrelationships of economic, social, historical, and political developments, and include theoretically oriented studies of such problems as interest group politics, political culture, and parties. Integrating constitutional law and political philosophy with comparative sociological and historical research and theory, Henry Ehrmann's approach to teaching and research sets an excellent example for the contemporary study of political science.

Comparative Constitutional Theory

Gary Jacobsohn,Miguel Schor
Comparative Constitutional Theory Book PDF

Author : Gary Jacobsohn,Miguel Schor
Publisher : Edward Elgar Publishing
Page : 552 pages
File Size : 54,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781784719135

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Comparative Constitutional Theory by Gary Jacobsohn,Miguel Schor Pdf

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Founding Acts

Serdar Tekin
Founding Acts Book PDF

Author : Serdar Tekin
Publisher : University of Pennsylvania Press
Page : 208 pages
File Size : 46,6 Mb
Release : 2016-04-26
Category : Philosophy
ISBN : 9780812292916

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Founding Acts by Serdar Tekin Pdf

All democratic constitutions feature "the people" as their author and ultimate source of legitimacy. They claim to embody the political form that citizens are in some sense supposed to have given themselves. But in what sense, exactly? When does a constitution really or genuinely speak for the people? Such questions are especially pertinent to our present condition, where the voice of "the people" turns out to be irrevocably fragmented, and people themselves want to speak and be heard in their own voices. Founding Acts explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age. Serdar Tekin argues that the process of making a constitution, or its pedigree, is as morally and politically significant as its content. Consequently, democratic constitution-making is not only about making a democratic constitution but also about making it, as much as possible, democratically. Tekin develops two overarching arguments in support of this claim. First, citizen participation in the process of constitution-making is essential to the democratic legitimacy of a new constitution. Second, collective action, that is, the political experience of constructing public life together, is what binds diverse people into a democratic peoplehood. Bringing into dialogue a wide range of canonical and contemporary thinkers, Tekin examines historical realities extending from revolutionary America and France to contemporary South Africa and Germany.