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Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 54,7 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author : Stephen Breyer
Publisher : Vintage
Page : 176 pages
File Size : 41,6 Mb
Release : 2007-12-18
Category : Political Science
ISBN : 9780307424617
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author : Brian E. Butler
Publisher : University of Chicago Press
Page : 258 pages
File Size : 45,7 Mb
Release : 2017-08-21
Category : Law
ISBN : 9780226474502
The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.
Author : Paul T. Hill,Ashley E. Jochim
Publisher : University of Chicago Press
Page : 0 pages
File Size : 51,6 Mb
Release : 2014-11-28
Category : Education
ISBN : 022620054X
America’s education system faces a stark dilemma: it needs governmental oversight, rules and regulations, but it also needs to be adaptable enough to address student needs and the many different problems that can arise at any given school—something that large educational bureaucracies are notoriously bad at. Paul Hill and Ashley Jochim offer here a solution that is brilliant for its simplicity and distinctly American sensibility: our public education system needs a constitution. Adapting the tried-and-true framework of our forefathers to the specific governance of education, they show that the answer has been part of our political DNA all along. Most reformers focus on who should control education, but Hill and Jochim show that who governs is less important than determining what powers they have. They propose a Civic Education Council—a democratic body subject to checks and balances that would define the boundaries of its purview as well as each school’s particular freedoms. They show how such a system would prevent regulations meant to satisfy special interests and shift the focus to the real task at hand: improving school performance. Laying out the implications of such a system for parents, students, teachers, unions, state and federal governments, and courts, they offer a vision of educational governance that stays true to—and draws on the strengths of—one of the greatest democratic tools we have ever created.
Author : Donald L. Horowitz
Publisher : Yale University Press
Page : 284 pages
File Size : 51,9 Mb
Release : 2021
Category : Constitutional law
ISBN : 9780300254365
Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.
Author : Robert A. Dahl
Publisher : Yale University Press
Page : 235 pages
File Size : 49,8 Mb
Release : 2003-11-10
Category : Law
ISBN : 9780300133721
In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 51,9 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564388
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Granville Austin
Publisher : Oxford University Press, USA
Page : 796 pages
File Size : 51,8 Mb
Release : 2003
Category : History
ISBN : STANFORD:36105111921057
Working a Democratic Constitution tells a very human story of how the social, political and day-to-day lived realities of the Indian people has been reflected in, and in turn directed the course of, constitutional reforms in the country. Through the post independence euphoria to the turbulentyears of Indira Gandhi's 'Emergency' and Rajiv Gandhi's brief period of power, the way in which the constitution has evolved to suit the changing needs of the times is an important indicator of India's successful experience with democracy. Granville Austin is one of the world's leading experts on the Indian constitution. Since his classic work The Indian Constitution: Cornerstone of a Nation (OUP, 1966), he has been working on this long-awaited book, which not only presents archival sources, but also first-hand interviews with andrare documentation by many of the key political and legal figures of the last fifty years. With its wide historical sweep, and meticulously detailed research, this is Austin's magnum opus described by Fali Nariman as a 'great and compassionate work'. The clarity and elegance of Austin's writing makes this book not only a necessary but a pleasurable read for anyone interested in comparative constitutional law and the recent political history of India, and for students, teachers and researchers of the subject.
Author : Min Reuchamps,Jane Suiter
Publisher : ECPR Press
Page : 192 pages
File Size : 49,7 Mb
Release : 2017-07-03
Category : Political Science
ISBN : 1785522582
From small-scale experiments, deliberative mini-publics have recently taken a constitutional turn in Europe. Iceland and Ireland have turned to deliberative democracy to reform their constitutions. Estonia, Luxembourg and Romania have also experienced constitutional process in a deliberative mode. In Belgium the G1000, a citizen-led initiative of deliberative democracy, has fostered a wider societal debate about the role and place of citizens in the country's democracy. At the same time, European institutions have introduced different forms of deliberative democracy as a way to connect citizens back in. These empirical cases are emblematic of a possibly constitutional turn in deliberative democracy in Europe. The purpose of this book is to critically assess these developments, bringing together academics involved in the designing of these new forms of constitutional deliberative democracy with the theorists who propagated the ideas and evaluated democratic standards.
Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 47,8 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083
Author : Robert A. Goldwin,William A. Schambra
Publisher : A E I Press
Page : 172 pages
File Size : 54,9 Mb
Release : 1980
Category : History
ISBN : UOM:39015001572505
To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Author : Vivien Hart
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2022
Category : Electronic
ISBN : OCLC:1396915173
Author : Neal Devins,Louis Fisher
Publisher : Oxford University Press
Page : 368 pages
File Size : 46,7 Mb
Release : 2015-10-01
Category : Political Science
ISBN : 9780190492687
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Author : Donald L. Horowitz
Publisher : Cambridge University Press
Page : 345 pages
File Size : 52,5 Mb
Release : 2013-03-25
Category : Law
ISBN : 9781107027275
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author : Thomas Christiano
Publisher : OUP Oxford
Page : 320 pages
File Size : 43,7 Mb
Release : 2010-06-10
Category : Political Science
ISBN : 9780191613913
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.
