Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
Get Book
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: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674196376
Category : Law
Languages : en
Pages : 281
Get Book
Book Description
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. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.
Author: Pierre Rosanvallon
Publisher: Cambridge University Press
ISBN: 9781139474719
Category : Political Science
Languages : en
Pages :
Get Book
Book Description
Democracy is established as a generally uncontested ideal, while regimes inspired by this form of government fall under constant criticism. Hence, the steady erosion of confidence in representatives that has become one of the major political issues of our time. Amidst these challenges, the paradox remains that while citizens are less likely to make the trip to the ballot box, the world is far from entering a phase of general political apathy. Demonstrations and activism abound in the streets, in cities across the globe and on the internet. Pierre Rosanvallon analyses the mechanisms used to register a citizen's expression of confidence or distrust, and then focuses on the role that distrust plays in democracy from both a historical and theoretical perspective. This radical shift in perspective uncovers a series of practices - surveillance, prevention, and judgement - through which society corrects and exerts pressure.
Author: Stephen MACEDO
Publisher: Harvard University Press
ISBN: 0674040406
Category : Education
Languages : en
Pages : 368
Get Book
Book Description
Extending the ideas of John Rawls, Macedo defends a "civic liberalism" in culturally diverse democracies that supports the legitimacy of reasonable efforts to inculcate shared political virtues while leaving many larger questions of meaning and value to private communities.
Author: Mark E. Warren
Publisher: Cambridge University Press
ISBN: 9780521646871
Category : Political Science
Languages : en
Pages : 386
Get Book
Book Description
Explores the implications for democracy of declining trust in government and between individuals.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 446
Get Book
Book Description
Vols. 1-3 include section "Condensed reports of selected cases in Louisiana Courts of Appeal."
Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300252862
Category : Political Science
Languages : en
Pages : 202
Get Book
Book Description
From the nation’s leading expert, an indispensable analysis of key threats to the integrity of the 2020 American presidential election As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In this timely and accessible book, Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old-fashioned and new-fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined.
Author: Raoul Berger
Publisher: Studies in Jurisprudence and L
ISBN: 9780865971448
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
It is Berger's theory that the United States Supreme Court has embarked on "a continuing revision of the Constitution, under the guise of interpretation," thereby subverting America's democratic institutions and wreaking havoc upon Americans' social and political lives. Raoul Berger (1901-2000) was Charles Warren Senior Fellow in American Legal History, Harvard University. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author: Larry Diamond
Publisher: JHU Press
ISBN: 9780801882869
Category : Political Science
Languages : en
Pages : 338
Get Book
Book Description
Publisher description
Author: Geoffrey Brennan
Publisher: Cambridge University Press
ISBN: 9780521585248
Category : Business & Economics
Languages : en
Pages : 260
Get Book
Book Description
"The significance of this account should be clear. If, as economists frequently assert, proper diagnosis of the disease is a crucial prerequisite to treatment, then the design of appropriate democratic institutions depends critically on a coherent analysis of the way the electoral process works and the perversities to which it is prone. The claim is that the interest-based account incorrectly diagnoses the disease. Accordingly, this book ends with an account of the institutional protections that go with expressive voting."--BOOK JACKET.
