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Between Democracy And Law
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Book Synopsis Between Democracy and Law by : Carlos Closa
Download or read book Between Democracy and Law written by Carlos Closa and published by Routledge. This book was released on 2019-09-30 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rule of Law and Democracy by : Leonardo Morlino
Download or read book Rule of Law and Democracy written by Leonardo Morlino and published by BRILL. This book was released on 2010 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Quality of Democracy by : Guillermo O'Donnell
Download or read book The Quality of Democracy written by Guillermo O'Donnell and published by University of Notre Dame Pess. This book was released on 2016-12-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996, Guillermo O’Donnell taught a seminar at the University of Notre Dame on democratic theory. One of the questions explored in this class was whether it is possible to define and determine the “quality” of democracy. Jorge Vargas Cullell, a student in this course, returned to his native country of Costa Rica, formed a small research team, and secured funding for undertaking a “citizen audit” of the quality of democracy in Costa Rica. This pathbreaking volume contains O’Donnell’s qualitative theoretical study of the quality of democracy and Vargas Cullell’s description and analysis of the empirical data he gathered on the quality of democracy in Costa Rica. It also includes twelve short, scholarly reflections on the O’Donnell and Cullell essays. The primary goal of this collection is to present the rationale and methodology for implementing a citizen audit of democracy. This book is an expression of a growing concern among policy experts and academics that the recent emergence of numerous democratic regimes, particularly in Latin America, cannot conceal the sobering fact that the efficacy and impact of these new governments vary widely. These variations, which range from acceptable to dismal, have serious consequences for the people of Latin America, many of whom have received few if any benefits from democratization. Attempts to gauge the quality of particular democracies are therefore not only fascinating intellectual exercises but may also be useful practical guides for improving both old and new democracies. This book will make important strides in addressing the increasing practical and academic concerns about the quality of democracy. It will be required reading for political scientists, policy analysts, and Latin Americanists.
Book Synopsis Spreading Democracy and the Rule of Law? by : Wojciech Sadurski
Download or read book Spreading Democracy and the Rule of Law? written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2006-07-30 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell
Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Book Synopsis Democracies and International Law by : Tom Ginsburg
Download or read book Democracies and International Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2021-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
Book Synopsis The Legal Limits of Direct Democracy by : Moeckli, Daniel
Download or read book The Legal Limits of Direct Democracy written by Moeckli, Daniel and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Book Synopsis Law and Democracy by : Glenn Patmore
Download or read book Law and Democracy written by Glenn Patmore and published by ANU Press. This book was released on 2014-12-24 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of Democracy by : Samuel Issacharoff
Download or read book The Law of Democracy written by Samuel Issacharoff and published by . This book was released on 2002 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.
Book Synopsis The Law of Deliberative Democracy by : Ron Levy
Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Democracy and International Law by : Gregory H. Fox
Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Book Synopsis Habermas on Law and Democracy by : Michel Rosenfeld
Download or read book Habermas on Law and Democracy written by Michel Rosenfeld and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book The Public's Law written by Blake Emerson and published by Oxford University Press. This book was released on 2019-02-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
Book Synopsis Constitutional Law by : Geoffrey R. Stone
Download or read book Constitutional Law written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2017-12-20 with total page 2238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
Book Synopsis The Making of Constitutional Democracy by : Paolo Sandro
Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the deep conceptual structure of the distinction between the creation and the application of law. Legal philosophers either take the distinction for granted or, when they address it directly, they do so only for the purpose of criticizing it as just another upshot of legal formalism. The latter approach suggests the distinction is either unsound or, at the very least, useless. But supporters of this stance do not realize the implications of their positions, which transcend legal/theoretical discourse and raise serious problems in both political and constitutional theory. This book demonstrates that the distinction between the creation and application of law, properly understood, is a central feature of jurisprudence, fundamental to the justification of a legal order, and essential to the separation of powers and the rule of law.
