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Author: Russell Hardin
Publisher:
ISBN: 9780199261680
Category : Constitutional history
Languages : en
Pages : 404
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Book Description
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.
Author: Russell Hardin
Publisher:
ISBN: 9780199261680
Category : Constitutional history
Languages : en
Pages : 404
Get Book
Book Description
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.
Author: J nos Kis
Publisher: Central European University Press
ISBN: 9789639241329
Category : Political Science
Languages : en
Pages : 344
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Book Description
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.
Author: David Miles
Publisher: Routledge
ISBN: 0429534949
Category : Political Science
Languages : en
Pages : 318
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Book Description
Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.
Author: Russell Hardin
Publisher:
ISBN:
Category :
Languages : en
Pages : 379
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Michael W. Dowdle
Publisher: Cambridge University Press
ISBN: 1316943089
Category : Law
Languages : en
Pages : 375
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Book Description
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author: Frank Michelman
Publisher: Oxford University Press
ISBN: 019266722X
Category : Law
Languages : en
Pages : 209
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Book Description
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Author: Hans-Martien ten Napel
Publisher: Taylor & Francis
ISBN: 1317236912
Category : Law
Languages : en
Pages : 170
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Book Description
In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.
Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 9780521457217
Category : Philosophy
Languages : en
Pages : 372
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Book Description
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Author: Gordon Albert Babst
Publisher: Springer Nature
ISBN: 3031536029
Category :
Languages : en
Pages : 192
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Book Description
