Law And Democracy
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Rule Of Law And Democracy
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Author : Leonardo Morlino
language : en
Publisher: BRILL
Release Date : 2010
Rule Of Law And Democracy written by Leonardo Morlino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Social Science categories.
Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.
Law And Democracy
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Author : Glenn Patmore
language : en
Publisher: ANU Press
Release Date : 2014-12-24
Law And Democracy written by Glenn Patmore and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-24 with Law categories.
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Democracy And The Rule Of Law
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Author : Adam Przeworski
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-21
Democracy And The Rule Of Law written by Adam Przeworski and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-21 with Law categories.
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.
Law And Democracy
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Author : Tom Campbell
language : en
Publisher: Routledge
Release Date : 2003
Law And Democracy written by Tom Campbell and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant effect on the practice of law and its theoretical study. Currently this relationship is evident in the impact of recent developments in the practice and theory of democracy that are redolent with implications for law and legal theory. This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory.
Law Pragmatism And Democracy
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2005-10-31
Law Pragmatism And Democracy written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-31 with Law categories.
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.
The Law Of Deliberative Democracy
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Author : Ron Levy
language : en
Publisher: Routledge
Release Date : 2016-11-03
The Law Of Deliberative Democracy written by Ron Levy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
The Law Of Democracy
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Author : Samuel Issacharoff
language : en
Publisher: Foundation Press
Release Date : 2007-01-01
The Law Of Democracy written by Samuel Issacharoff and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Democracy categories.
Democracy And Legal Change
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Author : Melissa Schwartzberg
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-09
Democracy And Legal Change written by Melissa Schwartzberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-09 with Political Science categories.
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.
Democracies And International Law
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
Democracies And International Law written by Tom Ginsburg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Rule Of Law Vs Majoritarian Democracy
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Author : Giuliano Amato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Rule Of Law Vs Majoritarian Democracy written by Giuliano Amato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.