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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.
Book Synopsis Democratizing the Constitution by : Peter Aucoin
Download or read book Democratizing the Constitution written by Peter Aucoin and published by . This book was released on 2011-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Democratizing Constitutional Law by : Thomas Bustamante
Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Democracy by : Walter F. Murphy
Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Democratic Constitution Making by : Vivien Hart
Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
A contradictory creation indeed, the European Union has most of the institutions of a modern democracy, yet it does not function as one. Moreover, its growing scope of activity and supranational decision making processes are undermining the legitimacy of democracy in its member states. Much has been written about this double "democratic deficit," but surprisingly little thought has been given to what to do about it--short of drafting and ratifying a new federal constitution. In this provocative book, Philippe C. Schmitter explores both the possibility and the desirability of democratizing the EU. He argues that as a "non-state" and a "non nation" it will have to invent new forms of citizenship, representation, and decisionmaking if it is ever to democratize itself. The author also contends that the timing and political context work against a full-scale constitutionalization of the process. He proposes a number of modest (and some less modest) reforms that could improve the situation in the near future and eventually lead to a genuine Euro-democracy.
Book Synopsis How to Democratize the European Union-- and why Bother? by : Philippe C. Schmitter
Download or read book How to Democratize the European Union-- and why Bother? written by Philippe C. Schmitter and published by Rowman & Littlefield. This book was released on 2000 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contradictory creation indeed, the European Union has most of the institutions of a modern democracy, yet it does not function as one. Moreover, its growing scope of activity and supranational decision making processes are undermining the legitimacy of democracy in its member states. Much has been written about this double "democratic deficit," but surprisingly little thought has been given to what to do about it--short of drafting and ratifying a new federal constitution. In this provocative book, Philippe C. Schmitter explores both the possibility and the desirability of democratizing the EU. He argues that as a "non-state" and a "non nation" it will have to invent new forms of citizenship, representation, and decisionmaking if it is ever to democratize itself. The author also contends that the timing and political context work against a full-scale constitutionalization of the process. He proposes a number of modest (and some less modest) reforms that could improve the situation in the near future and eventually lead to a genuine Euro-democracy.
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Book Synopsis How Democratic is the Constitution? by : Robert A. Goldwin
Download or read book How Democratic is the Constitution? written by Robert A. Goldwin and published by A E I Press. This book was released on 1980 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Book Synopsis The Relations Between Freedom and Responsibility in the Evolution of Democratic Government by : Arthur Twining Hadley
Download or read book The Relations Between Freedom and Responsibility in the Evolution of Democratic Government written by Arthur Twining Hadley and published by . This book was released on 1903 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
Book Synopsis Constitutional Self-Government by : Christopher L. EISGRUBER
Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.
In The Deconstitutionalization of America: The Forgotten Frailties of Democratic Rule, Roger M. Barrus and his coauthors embark on a discussion of American democracy from the nineteenth century to the present day. The present paradox democracy finds itself in can be summed up as 'the best of times and the worst of times.' Democracy, at its best, has triumphed throughout the world. It is the authors contention that this same success represents the potential for its undoing: with all governments claiming to be democratic, modern democrats-and this includes just about everyone-find it difficult if not impossible to understand the nature and problems of democracy. Since most everyone lives within a democratic horizon, they have nothing to compare democracy to and no one to point out its faults. In this way, they are hampered in dealing with their social and political problems, some of which may be the result of contradictions inherent in the democratic principle itself. The solution to democracy's ills might not be, after all, more democracy.
Book Synopsis The Deconstitutionalization of America by : Roger M. Barrus
Download or read book The Deconstitutionalization of America written by Roger M. Barrus and published by Lexington Books. This book was released on 2004-06-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Deconstitutionalization of America: The Forgotten Frailties of Democratic Rule, Roger M. Barrus and his coauthors embark on a discussion of American democracy from the nineteenth century to the present day. The present paradox democracy finds itself in can be summed up as 'the best of times and the worst of times.' Democracy, at its best, has triumphed throughout the world. It is the authors contention that this same success represents the potential for its undoing: with all governments claiming to be democratic, modern democrats-and this includes just about everyone-find it difficult if not impossible to understand the nature and problems of democracy. Since most everyone lives within a democratic horizon, they have nothing to compare democracy to and no one to point out its faults. In this way, they are hampered in dealing with their social and political problems, some of which may be the result of contradictions inherent in the democratic principle itself. The solution to democracy's ills might not be, after all, more democracy.
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 constitutional processes. 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.
Book Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz
Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 constitutional processes. 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.
