Democratizing Constitutional Law
Download Democratizing Constitutional Law full books in PDF, epub, and Kindle. Read online free Democratizing Constitutional Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Thomas Bustamante |
Publisher | : Springer |
Total Pages | : 330 |
Release | : 2016-04-19 |
Genre | : Law |
ISBN | : 3319283715 |
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Author | : Peter Aucoin |
Publisher | : |
Total Pages | : 260 |
Release | : 2011-01-01 |
Genre | : Constitutional law |
ISBN | : 9781552394632 |
This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.
Author | : Christopher F. Zurn |
Publisher | : Cambridge University Press |
Total Pages | : 14 |
Release | : 2007-03-26 |
Genre | : Philosophy |
ISBN | : 1139464388 |
In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision.
Author | : Donald L. Horowitz |
Publisher | : Yale University Press |
Total Pages | : 284 |
Release | : 2021-01-01 |
Genre | : Political Science |
ISBN | : 0300254369 |
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 | : Joel I. Colon-Rios |
Publisher | : Routledge |
Total Pages | : 222 |
Release | : 2012 |
Genre | : Law |
ISBN | : 0415671906 |
It has been argued that democracy is protected and realized under traditional liberal constitutional forms through constitutional rights such as free speech, freedom of association and the right to vote. This book looks at the relationship between democracy and constitutions.
Author | : Michael Buehler |
Publisher | : Cambridge University Press |
Total Pages | : 285 |
Release | : 2016-09 |
Genre | : Law |
ISBN | : 1107130220 |
An original and timely exploration of the continuing Islamization of Indonesian politics despite the electoral decline of Islamist parties.
Author | : Abat i Ninet, Antoni |
Publisher | : Edward Elgar Publishing |
Total Pages | : 192 |
Release | : 2021-11-23 |
Genre | : Law |
ISBN | : 1786430517 |
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Author | : Keith E. Whittington |
Publisher | : OUP Oxford |
Total Pages | : 828 |
Release | : 2010-06-11 |
Genre | : Political Science |
ISBN | : 0191616281 |
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author | : Donald L. Horowitz |
Publisher | : Cambridge University Press |
Total Pages | : 345 |
Release | : 2013-03-25 |
Genre | : Law |
ISBN | : 1107027276 |
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
Author | : Melissa Schwartzberg |
Publisher | : Cambridge University Press |
Total Pages | : 211 |
Release | : 2007-04-09 |
Genre | : Political Science |
ISBN | : 1139464345 |
Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.