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Author: Ross Sandler
Publisher: Yale University Press
ISBN: 9780300103144
Category : Philosophy
Languages : en
Pages : 292
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Book Description
Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.
Author: Ross Sandler
Publisher: Yale University Press
ISBN: 9780300103144
Category : Philosophy
Languages : en
Pages : 292
Get Book Here
Book Description
Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.
Author: Edwin Carawan
Publisher: JHU Press
ISBN: 1421439506
Category : History
Languages : en
Pages : 323
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Book Description
The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.
Author: David Schoenbrod
Publisher: Encounter Books
ISBN: 1594039127
Category : Political Science
Languages : en
Pages : 187
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Book Description
You think you know why our government in Washington is broken, but you really don't. You think it's broken because politicians curry favor with special interests and activists of the Left or Right. There's something to that and it helps explain why these politicians can't find common ground, but it misses the root cause. A half century ago, elected officials in Congress and the White House figured out a new system for enacting laws and spending programs--one that lets them take credit for promising good news while avoiding blame for government producing bad results. With five key tricks, politicians of both parties now avoid accounting to us for what government actually does to us. While you understand that these politicians seem to pull rabbits out of hats, hardly anyone sees the sleight of hand by which they get away with their tricks. Otherwise, their tricks wouldn't work. DC Confidential exposes the sleights of hand. Once they are brought to light, we can stop the tricks, fix our broken government, and make Washington work for us once again. The book explains the necessary reform and lays out an action plan to put it in place. Stopping the tricks would be a constructive, inclusive response to the anger that Americans from across the political spectrum feel toward what should be our government.
Author: David Schoenbrod
Publisher: Yale University Press
ISBN: 0300159595
Category : Political Science
Languages : en
Pages : 374
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Book Description
This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.
Author: George C. Bitros
Publisher: Routledge
ISBN: 1000097129
Category : Business & Economics
Languages : en
Pages : 342
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Book Description
The authors of this book argue that post-war fiscal and monetary policies in the U.S. are prone to more frequent and more destabilizing domestic and international financial crises. So, in the aftermath of the one that erupted in 2008, they propose that now we are sleepwalking into another, which under the prevailing institutional circumstances could develop into a worldwide financial Armageddon. Thinking ahead of such a calamity, this book presents for the first time a model of democratic governance with privately produced money based on the case of Athens in Classical times, and explains why, if it is conceived as a benchmark for reference and adaptation, it may provide an effective way out from the dreadful predicament that state managed fiat money holds for the stability of Western-type democracies and the international financial system. As the U.S. today, Athens at that time reached the apex of its military, economic, political, cultural, and scientific influence in the world. But Athens triumphed through different approaches to democracy and fundamentally different fiscal and monetary policies than the U.S. Thus the readers will have the opportunity to learn about these differences and appreciate the potential they offer for confronting the challenges contemporary democracies face under the leadership of the U.S. The book will find audiences among academics, university students, and researchers across a wide range of fields and subfields, as well as legislators, fiscal and monetary policy makers, and economic and financial consultants.
Author: Charles L. Zelden
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 416
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Book Description
The most complete, accurate, and up-to-date analysis of the events surrounding the Supreme Court's controversial 5-4 decision that stopped the Florida recount and gave George W. Bush a mere five electoral vote victory over Al Gore in the 2000 presidential election.
Author: Benjamin Carter Hett
Publisher: Henry Holt and Company
ISBN: 1250162513
Category : History
Languages : en
Pages : 304
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Book Description
A riveting account of how the Nazi Party came to power and how the failures of the Weimar Republic and the shortsightedness of German politicians allowed it to happen. Why did democracy fall apart so quickly and completely in Germany in the 1930s? How did a democratic government allow Adolf Hitler to seize power? In The Death of Democracy, Benjamin Carter Hett answers these questions, and the story he tells has disturbing resonances for our own time. To say that Hitler was elected is too simple. He would never have come to power if Germany’s leading politicians had not responded to a spate of populist insurgencies by trying to co-opt him, a strategy that backed them into a corner from which the only way out was to bring the Nazis in. Hett lays bare the misguided confidence of conservative politicians who believed that Hitler and his followers would willingly support them, not recognizing that their efforts to use the Nazis actually played into Hitler’s hands. They had willingly given him the tools to turn Germany into a vicious dictatorship. Benjamin Carter Hett is a leading scholar of twentieth-century Germany and a gifted storyteller whose portraits of these feckless politicians show how fragile democracy can be when those in power do not respect it. He offers a powerful lesson for today, when democracy once again finds itself embattled and the siren song of strongmen sounds ever louder.
Author: M. Steven Fish
Publisher: Cambridge University Press
ISBN: 1139446851
Category : Political Science
Languages : en
Pages : 466
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Book Description
Why has democracy failed to take root in Russia? After shedding the shackles of Soviet rule, some countries in the postcommunist region undertook lasting democratization. Yet Russia did not. Russia experienced dramatic political breakthroughs in the late 1980s and early 1990s, but it subsequently failed to maintain progress toward democracy. In this book, M. Steven Fish offers an explanation for the direction of regime change in post-Soviet Russia. Relying on cross-national comparative analysis as well as on in-depth field research in Russia, Fish shows that Russia's failure to democratize has three causes: too much economic reliance on oil, too little economic liberalization, and too weak a national legislature. Fish's explanation challenges others that have attributed Russia's political travails to history, political culture, or to 'shock therapy' in economic policy. The book offers a theoretically original and empirically rigorous explanation for one of the most pressing political problems of our time.
Author: Duncan McCargo
Publisher: Psychology Press
ISBN: 9780415316217
Category : History
Languages : en
Pages : 264
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Book Description
Drawing on fieldwork and analysis by an international team of specialists, this book covers all aspects of contemporary Vietnam including recent history, the political economy, the reform process, education, health, labor market, foreign direct investment and foreign policy.
Author: Jennifer Schirmer
Publisher: University of Pennsylvania Press
ISBN: 0812200594
Category : Political Science
Languages : en
Pages : 364
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Book Description
In 1999, the Guatemala truth commission issued its report on human rights violations during Guatemala's thirty-six-year civil war that ended in 1996. The commission, sponsored by the UN, estimates the conflict resulted in 200,000 deaths and disappearances. The commission holds the Guatemalan military responsible for 93 percent of the deaths. In The Guatemalan Military Project, Jennifer Schirmer documents the military's role in human rights violations through a series of extensive interviews striking in their brutal frankness and unique in their first-hand descriptions of the campaign against Guatemala's citizens. High-ranking officers explain in their own words their thoughts and feelings regarding violence, political opposition, national security doctrine, democracy, human rights, and law. Additional interviews with congressional deputies, Guatemalan lawyers, journalists, social scientists, and a former president give a full and balanced account of the Guatemalan power structure and ruling system. With expert analysis of these interviews in the context of cultural, legal, and human rights considerations, The Guatemalan Military Project provides a successful evaluation of the possibilities and processes of conversion from war to peace in Latin America and around the world.
