How Democratic Is The Constitution


How Democratic Is The Constitution
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How Democratic Is The American Constitution


How Democratic Is The American Constitution
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Author : Robert A. Dahl
language : en
Publisher: Yale University Press
Release Date : 2003-11-10

How Democratic Is The American Constitution written by Robert A. Dahl and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-10 with Law categories.


In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.



How Democratic Is The Constitution


How Democratic Is The Constitution
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Author : Robert A. Goldwin
language : en
Publisher: A E I Press
Release Date : 1980

How Democratic Is The Constitution written by Robert A. Goldwin and has been published by A E I Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with History categories.


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Constitutional Democracy


Constitutional Democracy
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Author : Walter F. Murphy
language : en
Publisher: JHU Press
Release Date : 2007

Constitutional Democracy written by Walter F. Murphy and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


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How Democratic Is The Constitution


How Democratic Is The Constitution
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Author :
language : en
Publisher:
Release Date : 1980

How Democratic Is The Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Constitutional history categories.




The Democratic Constitution


The Democratic Constitution
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Author : Brian E. Butler
language : en
Publisher: University of Chicago Press
Release Date : 2017-08-21

The Democratic Constitution written by Brian E. Butler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-21 with Law categories.


The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.



What Is Real Democracy


What Is Real Democracy
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Author : Karl Heinzen
language : en
Publisher:
Release Date : 1871

What Is Real Democracy written by Karl Heinzen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1871 with Anarchism categories.




The Democratic Constitution 2nd Edition


The Democratic Constitution 2nd Edition
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Author : Neal Devins
language : en
Publisher: Oxford University Press
Release Date : 2015-10-01

The Democratic Constitution 2nd Edition written by Neal Devins and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-01 with Political Science categories.


Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.



How Democratic Is The American Constitution


How Democratic Is The American Constitution
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Author :
language : en
Publisher:
Release Date : 2005

How Democratic Is The American Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.




How To Save A Constitutional Democracy


How To Save A Constitutional Democracy
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Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05

How To Save A Constitutional Democracy written by Tom Ginsburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-05 with Law categories.


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 election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? 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 either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But 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.



Constitutional Processes And Democratic Commitment


Constitutional Processes And Democratic Commitment
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Author : Donald L. Horowitz
language : en
Publisher: Yale University Press
Release Date : 2021-08-03

Constitutional Processes And Democratic Commitment written by Donald L. Horowitz and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-03 with Political Science categories.


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.