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Author: Martin Edelman
Publisher: State University of New York Press
ISBN: 1438401841
Category : Political Science
Languages : en
Pages : 416
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Book Description
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.
Author: Martin Edelman
Publisher: State University of New York Press
ISBN: 1438401841
Category : Political Science
Languages : en
Pages : 416
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Book Description
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.
Author: Ian Shapiro
Publisher: Princeton University Press
ISBN: 9780691123967
Category : Political Science
Languages : en
Pages : 200
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Book Description
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.
Author: Donald L. Horowitz
Publisher: Yale University Press
ISBN: 0300254369
Category : Political Science
Languages : en
Pages : 284
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Book Description
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing 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 them. 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. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
Author: Thomas Christiano
Publisher: OUP Oxford
ISBN: 0191613916
Category : Political Science
Languages : en
Pages : 320
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Book Description
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.
Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Category : Law
Languages : en
Pages : 588
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Book Description
Publisher Description
Author: Jan-Erik Lane
Publisher: Manchester University Press
ISBN: 9780719046483
Category : Comparative government
Languages : en
Pages : 310
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Book Description
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.
Author: Antonio García-Trevijano
Publisher: University Press of America
ISBN: 0761848576
Category : Political Science
Languages : en
Pages : 202
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Book Description
'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.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
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.
Author: Enrique Peruzzotti
Publisher: Routledge
ISBN: 1136183701
Category : Political Science
Languages : en
Pages : 306
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Book Description
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.
Author: Frederick G. Whelan
Publisher: Routledge
ISBN: 1351205854
Category : Political Science
Languages : en
Pages : 672
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Book Description
Democracy in Theory and Practice presents an authoritative overview of democratic theory today. Its distinctive approach links theory to practice, emphasizing the wide variety of institutions and procedures through which core democratic principles are implemented and the normative and practical dimensions of the choices to be made among these alternatives. Designed for courses at both the undergraduate and graduate level, the book features eighteen chapters organized thematically and divided into sections and subsections for easy reference; historical and current examples, citations for specific ideas, annotated references, and further readings throughout enhance the volume's utility for students, scholars, and researchers. Sidebars give biographical sketches of classic theorists and democratic ideas from the US founders and constitutional tradition. Featured topics discussed include: Majority Rule; Participation; Deliberation; Accountability; Representation; Constitutionalism; Electoral Laws; Parties; Legislative, Executive, and Judicial Functions. The Boundary Problem; The "All-Affected" Principle; Contested Senses of Liberal and Procedural Democracy; The Pros and Cons of Term Limits; Proportional Representation; Referendums; Problems of Democratic Transparency and Reversibility. Written by a leading authority in the field, Frederick G. Whelan encourages us to think of the many alternative ways of putting democracy into practice and of these alternatives as requiring choices. This diversity means that there is no unique or correct democratic outcome from a given set of preferences, since outcomes are shaped by the methods followed in reaching them.
