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Constitutional Democracy

Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Size: 55.39 MB
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In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances?

The Limits Of Constitutional Democracy

Author: Jeffrey K. Tulis
Publisher: Princeton University Press
ISBN: 9781400836796
Size: 79.65 MB
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Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Securing Constitutional Democracy

Author: James E. Fleming
Publisher: University of Chicago Press
ISBN: 0226253430
Size: 46.29 MB
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Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

Constitutional Democracy

Author: Dennis C. Mueller
Publisher: Oxford University Press
ISBN: 9780198025603
Size: 13.19 MB
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This volume systematically examines how the basic constitutional structure of governments affects what they can accomplish. At a time when Americans are more and more disillusioned about government's fundamental ability to reach solutions for domestic problems, and when countries in the former Soviet block and around the world are rewriting their constitutions, the relationship between government and constitution is especially important. Political economist Dennis Mueller illuminates the links between the structure of democratic government and its outcomes by drawing comparisons between the American system and other systems around the world. Working from the "public choice" perspective in political science, the book analyzes electoral rules, voting rules, federalism, citizenship, and separation of powers, making it a valuable resource for anyone curious about the world's political environment.

Constitutional Democracy

Author: J nos Kis
Publisher: Central European University Press
ISBN: 9789639241329
Size: 13.11 MB
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Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

The Decline Of Constitutional Democracy In Indonesia

Author: Herbert Feith
Publisher: Equinox Publishing
ISBN: 9789793780450
Size: 11.92 MB
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This is an intensive study of Indonesian politics from the attainment of full independence in December 1949 to the proclamation of martial law in March 1957, and President Soekarno's subsequent establishment of "guided democracy." It is intended as a contribution to the ongoing discussion of democracy in the new states of Asia and Africa, of the ways in which Western political institutions are transformed when employed in non-Western social settings, and of the obstacles to be overcome if such institutions are to operate in consonance with the authority systems of new nations and with their solution of economic and administrative problems. Now brought back into print as a member of Equinox Publishing's Classic Indonesia series, The Decline of Constitutional Democracy is considered to be the definitive study of Indonesia in the 1950s and will be of great interest to the growing number of social scientists concerned with the pre-industrial nations and in particular with their efforts to use and adapt Western political institutions. This is a solid and scholarly account, but, writing on the basis of much personal observation, Dr. Feith manages to present his material in such a way that readers with no previous background in the subject will be able to follow the book almost as easily as will specialists. HERBERT FEITH (1930-2001) became familiar with Indonesia during 1951-53 and 1954-56 when he was an English Language Assistant with the Ministry of Information of the Republic of Indonesia. A citizen of Australia, he received an M.A. degree from the University of Melbourne in 1955 and a Ph.D. from Cornell University in 1961. He was a Research Fellow in the Department of Pacific History, Australian National University, from 1960 to 1962 and was Chair of Politics at Monash University from 1968 until 1974.

Constitutional Democracy In A Multicultural And Globalised World

Author: Thomas Fleiner
Publisher: Springer Science & Business Media
ISBN: 3540764127
Size: 40.16 MB
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After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Constitutional Democracy In India

Author: Bidyut Chakrabarty
Publisher: Routledge
ISBN: 135137530X
Size: 33.21 MB
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Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India’s constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.

The Supreme Court And Constitutional Democracy

Author: John Agresto
Publisher: Cornell University Press
ISBN: 150171290X
Size: 44.16 MB
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In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a... In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a... In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory. 02 In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a...