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Political Constitutionalism

Political Constitutionalism Author Richard Bellamy
ISBN-10 9781139467919
Release 2007-09-13
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Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Constitutionalism and Democracy

Constitutionalism and Democracy Author Richard Bellamy
ISBN-10 9781351571142
Release 2017-07-05
Pages 622
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Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.

Democracy and Distrust

Democracy and Distrust Author John Hart Ely
ISBN-10 0674196376
Release 1980
Pages 268
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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.

The Judge as Political Theorist

The Judge as Political Theorist Author David Robertson
ISBN-10 1400836875
Release 2010-07-01
Pages 432
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The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.

Theories and Concepts of Politics

Theories and Concepts of Politics Author Richard Paul Bellamy
ISBN-10 0719036569
Release 1993
Pages 301
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Theories and Concepts of Politics has been writing in one form or another for most of life. You can find so many inspiration from Theories and Concepts of Politics also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Theories and Concepts of Politics book for free.

Globalization and Sovereignty

Globalization and Sovereignty Author Jean L. Cohen
ISBN-10 9781139560269
Release 2012-08-02
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Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Stand Out of Our Light

Stand Out of Our Light Author James Williams
ISBN-10 9781108429092
Release 2018-05-31
Pages 144
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Argues that human freedom is threatened by systems of intelligent persuasion developed by tech giants who compete for our time and attention. This title is also available as Open Access.

Understanding Democracy

Understanding Democracy Author John J. Patrick
ISBN-10 9780195311976
Release 2006-05-25
Pages 112
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Explains the core concepts of democracy.

Republicanism and Political Theory

Republicanism and Political Theory Author Cecile Laborde
ISBN-10 9780470766224
Release 2009-02-04
Pages 296
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Republicanism and Political Theory is the first book to offer a comprehensive and critical survey of republican political theory. Critically assesses its historical credentials, conceptual coherence, and normative proposals Brings together original contributions from leading international scholars in an interactive way Provides the reader with valuable insight into new debates taking place in republican political theory

Our Republican Constitution

Our Republican Constitution Author Adam Tomkins
ISBN-10 9781847311191
Release 2005-02-14
Pages 168
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This new book by Adam Tomkins sets out a radical vision of the British constitution. It argues that despite its outwardly monarchic form the constitution is profoundly informed, and indeed shaped, by values and practices of republicanism. The republican reading of the constitution presented in this book places political accountability at the core of the constitutional order. As such, Our Republican Constitution offers a powerful rejoinder to the current trend in legal scholarship that sees the common law and the courts, rather than Parliament, as the central players in holding government to account. The book further contends that while the constitution should be understood as having republican foundations, current constitutional practice is, in a number of respects, insufficiently republican in character. The book closes by outlining a programme of republican constitutional reform that is designed to secure genuinely responsible government. This is an original and provocative reinterpretation of the central themes of the British constitution, drawing on constitutional history (especially of the seventeenth century), political theory and public law.

The Concept of Constituency

The Concept of Constituency Author Andrew Rehfeld
ISBN-10 1139446487
Release 2005-06-27
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In virtually every democratic nation in the world, political representation is defined by where citizens live. In the United States, for example, Congressional Districts are drawn every 10 years as lines on a map. Why do democratic governments define political representation this way? Are territorial electoral constituencies commensurate with basic principles of democratic legitimacy? And why might our commitments to these principles lead us to endorse a radical alternative: randomly assigning citizens to permanent, single-member electoral constituencies that each looks like the nation they collectively represent? Using the case of the founding period of the United States as an illustration, and drawing from classic sources in Western political theory, this book describes the conceptual, historical, and normative features of the electoral constituency. As an institution conceptually separate from the casting of votes, the electoral constituency is little studied. Its historical origins are often incorrectly described. And as a normative matter, the constituency is almost completely ignored. Raising these conceptual, historical and normative issues, the argument culminates with a novel thought experiment of imagining how politics might change under randomized, permanent, national electoral constituencies. By focusing on how citizens are formally defined for the purpose of political representation, The Concept of Constituency thus offers a novel approach to the central problems of political representation, democratic legitimacy, and institutional design.

Constitutional Referendums

Constitutional Referendums Author Stephen Tierney
ISBN-10 9780191629082
Release 2012-04-05
Pages 352
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The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.

Controlling the State

Controlling the State Author Scott GORDON
ISBN-10 9780674037830
Release 2009-06-30
Pages 412
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Controlling the State has been writing in one form or another for most of life. You can find so many inspiration from Controlling the State also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Controlling the State book for free.

In Defense of the Founders Republic

In Defense of the Founders Republic Author Lonce H. Bailey
ISBN-10 9781623562571
Release 2015-03-12
Pages 224
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Who were the Progressive reformers arguing with? The answer might surprise you. Drawing together a veritable powerhouse of scholars from across the political spectrum, In Defense of the Founders Republic examines the historical roots of these critics as well as their potential contribution to current debates about government and role of politics and institutions in our constitutional republic. Profiles and debates across a variety of progressive-era dissenters including politicians, community activists, political scientists, and socialists create a more complete picture of the national conversation, and the development of this monumental American political era. With clear contemporary relevance, In Defense of the Founders Republic is required reading for anyone interested in the complete progressive debate.

The Cambridge History of Twentieth Century Political Thought

The Cambridge History of Twentieth Century Political Thought Author Terence Ball
ISBN-10 0521563542
Release 2003-08-14
Pages 754
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A comprehensive overview of the development of political thought to the end of the twentieth century, first published in 2003.

Constitutionalism and Democratic Transitions

Constitutionalism and Democratic Transitions Author Veronica Federico
ISBN-10 9788884534019
Release 2006
Pages 206
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"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description.

Constitutionalism and the Separation of Powers

Constitutionalism and the Separation of Powers Author M. J. C. Vile
ISBN-10 0865971757
Release 1998
Pages 455
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Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.