The Defence of Constitutionalism
Author | : Jiří Přibáň |
Publisher | : |
Total Pages | : 312 |
Release | : 2017 |
Genre | : Constitutional history |
ISBN | : 9788024634241 |
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Author | : Jiří Přibáň |
Publisher | : |
Total Pages | : 312 |
Release | : 2017 |
Genre | : Constitutional history |
ISBN | : 9788024634241 |
Author | : Leslie Friedman Goldstein |
Publisher | : Rowman & Littlefield |
Total Pages | : 248 |
Release | : 1991 |
Genre | : Law |
ISBN | : 9780847676996 |
'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM
Author | : Richard Bellamy |
Publisher | : Cambridge University Press |
Total Pages | : 280 |
Release | : 2007-09-13 |
Genre | : Political Science |
ISBN | : 1139467913 |
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author | : George Wescott Carey |
Publisher | : |
Total Pages | : 0 |
Release | : 1989 |
Genre | : Law |
ISBN | : 9780865971370 |
In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author | : J. H. H. Weiler |
Publisher | : Cambridge University Press |
Total Pages | : 256 |
Release | : 2003-09-04 |
Genre | : Law |
ISBN | : 9780521796712 |
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author | : Louis Michael Seidman |
Publisher | : Berghahn Books |
Total Pages | : 280 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780300085310 |
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Author | : John Adams |
Publisher | : |
Total Pages | : 472 |
Release | : 1797 |
Genre | : Constitutional history |
ISBN | : |
Author | : Jiří Přibáň |
Publisher | : Charles University in Prague, Karolinum Press |
Total Pages | : 312 |
Release | : 2017-09-01 |
Genre | : Political Science |
ISBN | : 8024634236 |
More than a century after the publication of Czech politician Tomáš Garrigue Masaryk’s study The Czech Question, Czech politics has become a pragmatic question of democratic constitutionalism and civility. Originally published in major Czech newspapers, these essays on contemporary European politics demonstrate that this new understanding involves both technical questions of power-making and critical questions of its meaning. Democracy, Jirí Pribán shows, is the proces of permanent self-correction. It possesses both the capacity to respond to unexpected problems and crises and intrinsic tensions between principled arguments and everyday administrative processes. Defending constitutionalism, therefore, draws on principles of civil rights and freedoms, limited government, and representative democracy, the validity and persuasive force of which are at stake not only in the Czech Republic, but also in the European Union and our global society at large.
Author | : Charles Howard McIlwain |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 172 |
Release | : 2005 |
Genre | : Constitutional history |
ISBN | : 1584775505 |
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author | : Robert S. Singh |
Publisher | : Routledge |
Total Pages | : 343 |
Release | : 2018-09-13 |
Genre | : Political Science |
ISBN | : 1351117688 |
Constitutional reform is a topic of perennial academic debate, perhaps now more than ever amid sharp polarization in the electorate and government. At once a cogent, new contribution to the scholarly literature and appropriate for American politics and government students, this book mounts a provocative, nonideological defense of the US Constitution, directly engaging proposals for reform and providing a rare systematic argument for continuity: Our politics may be broken but our system is not. Writing from an international perspective with an array of fascinating data, the author draws on theory, law, and history to defend the republican order under political stress and intellectual challenge.