Democracy Rules

Democracy Rules
Author: Jan-Werner Müller
Publisher: Farrar, Straus and Giroux
Total Pages: 129
Release: 2021-07-06
Genre: Political Science
ISBN: 0374720711

A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.

Numbers Rule

Numbers Rule
Author: George Szpiro
Publisher: Princeton University Press
Total Pages: 240
Release: 2020-11-03
Genre: History
ISBN: 0691209081

The author takes the general reader on a tour of the mathematical puzzles and paradoxes inherent in voting systems, such as the Alabama Paradox, in which an increase in the number of seats in the Congress could actually lead to a reduced number of representatives for a state, and the Condorcet Paradox, which demonstrates that the winner of elections featuring more than two candidates does not necessarily reflect majority preferences. Szpiro takes a roughly chronological approach to the topic, traveling from ancient Greece to the present and, in addition to offering explanations of the various mathematical conundrums of elections and voting, also offers biographical details on the mathematicians and other thinkers who thought about them, including Plato, Pliny the Younger, Pierre Simon Laplace, Thomas Jefferson, John von Neumann, and Kenneth Arrow.

Democracy and the Rule of Law

Democracy and the Rule of Law
Author: Adam Przeworski
Publisher: Cambridge University Press
Total Pages: 338
Release: 2003-07-21
Genre: Law
ISBN: 9780521532662

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Basher Civics

Basher Civics
Author: Shannon Weber
Publisher: Kingfisher
Total Pages: 99
Release: 2020-06-16
Genre: Juvenile Nonfiction
ISBN: 0753477319

Step into the colorful world of Basher's Civics and meet the champions of U.S. democracy! With his unique illustrations and humorous first-person text, Basher gives key political concepts such as Bill of Rights, Impeachment, Checks and Balances, and Supreme Court a face, voice, and personality. In chapter 1, meet the Founding Principles, including Declaration of Independence, Constitution, and Bill of Rights. In chapter 2, say hi to Legislative Branch, such as Congress, House of Representatives, and Senate. You'll find Executive Branch in chapter 3, home to President, Cabinet, and Governors. In chapter 4, meet Judicial Branch, including Supreme Court and Trial by Jury. Last, and by no means least, find out what it means to be a citizen in chapter 5—here you will learn all about Immigration, Universal Suffrage, Jury Duty, and how YOU can make changes to society.

How to Save a Constitutional Democracy

How to Save a Constitutional Democracy
Author: Tom Ginsburg
Publisher: University of Chicago Press
Total Pages: 306
Release: 2018-10-05
Genre: Law
ISBN: 022656438X

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

The Democracy Fix

The Democracy Fix
Author: Caroline Fredrickson
Publisher: The New Press
Total Pages: 175
Release: 2019-04-23
Genre: Political Science
ISBN: 1620973901

The former special assistant for legislative affairs to President Clinton, president of the American Constitution Society, and author of the "damn fine" (Elle) Under the Bus shows how the left can undo the right's damage and take the country back Despite representing the beliefs of a minority of the American public on many issues, conservatives are in power not just in Washington, DC, but also in state capitals and courtrooms across the country. They got there because, while progressives fought to death over the nuances of policy and to bring attention to specific issues, conservatives focused on simply gaining power by gaming our democracy. They understood that policy follows power, not the other way around. Now, in a sensational new book, Caroline Fredrickson—who has had a front-row seat on the political drama in DC for decades while working to shape progressive policies as special assistant for legislative affairs to President Clinton, chief of staff to Senator Maria Cantwell, deputy chief of staff to Senator Tom Daschle, and president of the American Constitution Society—argues that it's time for progressives to focus on winning. She shows us how we can learn from the Right by having the determination to focus on judicial elections, state power, and voter laws without stooping to their dishonest, rule-breaking tactics. We must be ruthless in thinking through how to change the rules of the game to regain power, expand the franchise, end voter suppression, win judicial elections, and fight for transparency and fairness in our political system, and Fredrickson shows us how.

No Rule of Law, No Democracy

No Rule of Law, No Democracy
Author: Cristina Nicolescu-Waggonner
Publisher: SUNY Press
Total Pages: 316
Release: 2016-11-10
Genre: Political Science
ISBN: 1438462638

Argues that new democracies face consolidation challenges due to campaign finance corruption and the unwillingness of politicians to reform rule of law enforcement. Mainstream theories assert that democracy cures corruption. In market economies, however, elections are expensive and parties, with ever-thinning memberships, cannot legally acquire the necessary campaign funds. In order to secure electoral funds, a large number of politicians misappropriate public funds. Due to the illicit character of these transactions, high officials with conflicts of interest prefer to leave anticorruption enforcement mechanisms unreformed and reserve the right to intervene in the judicial process, with dire consequences for the rule of law. In No Rule of Law, No Democracy, Cristina Nicolescu-Waggonner demonstrates that when corrupt politicians are in power—true of nearly all new democracies—they will protect their office and fail to implement rule of law reforms. Consequently, these polities never reach a point where democracy could and would cure corruption. This dysfunction is tested in one hundred cases over sixteen years with significant results. In the case of the Czech Republic, for example, which is regarded as a consolidated democracy, there is systematic corruption, misappropriation of state funds, an unreformed judiciary, and arbitrary application of law. The only solution is a powerful, independent, well-funded anticorruption agency. Romania, one of the most corrupt countries in Europe, established, at the European Union’s request, powerful anticorruption bodies and punished corrupt leaders, which created the predictability of enforcement. It is the certainty of punishment that curtails corruption and establishes true rule of law.

Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 428
Release: 2009-07-01
Genre: Law
ISBN: 9780674042292

A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Let the People Rule

Let the People Rule
Author: John G. Matsusaka
Publisher: Princeton University Press
Total Pages: 312
Release: 2020-02-25
Genre: Law
ISBN: 0691199728

How referendums can diffuse populist tensions by putting power back into the hands of the people Propelled by the belief that government has slipped out of the hands of ordinary citizens, a surging wave of populism is destabilizing democracies around the world. As John Matsusaka reveals in Let the People Rule, this belief is based in fact. Over the past century, while democratic governments have become more efficient, they have also become more disconnected from the people they purport to represent. The solution Matsusaka advances is familiar but surprisingly underused: direct democracy, in the form of referendums. While this might seem like a dangerous idea post-Brexit, there is a great deal of evidence that, with careful design and thoughtful implementation, referendums can help bridge the growing gulf between the government and the people. Drawing on examples from around the world, Matsusaka shows how direct democracy can bring policies back in line with the will of the people (and provide other benefits, like curbing corruption). Taking lessons from failed processes like Brexit, he also describes what issues are best suited to referendums and how they should be designed, and he tackles questions that have long vexed direct democracy: can voters be trusted to choose reasonable policies, and can minority rights survive majority decisions? The result is one of the most comprehensive examinations of direct democracy to date—coupled with concrete, nonpartisan proposals for how countries can make the most of the powerful tools that referendums offer. With a crisis of representation hobbling democracies across the globe, Let the People Rule offers important new ideas about the crucial role the referendum can play in the future of government.

Mechanisms of Democracy

Mechanisms of Democracy
Author: Adrian Vermeule
Publisher: Oxford University Press
Total Pages: 273
Release: 2007-07-24
Genre: Political Science
ISBN: 0199745099

What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large. In this book, Adrian Vermeule moves beyond these debates, changing the focus to institutional design writ small. In established constitutional polities, Vermeule argues that law can and should - and to some extent already does - provide mechanisms of democracy: a repertoire of small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative government. Examples include legal rules that promote impartiality by depriving officials of the information they need to act in self-interested ways; voting rules that create the right kind and amount of accountability for political officials and judges; and legislative rules that structure deliberation, in part by adjusting the conditions under which deliberation occurs transparently or instead secretly. Drawing upon a range of social science tools from economics, political science, and other disciplines, Vermeule carefully describes the mechanisms of democracy and indicates the conditions under which they can succeed.