Democracy By Decree

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Democracy by Decree

Author : Ross Sandler
Publisher : Yale University Press
ISBN 13 : 9780300103144
Total Pages : 292 pages
Book Rating : 4.1/5 (31 download)

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Book Synopsis Democracy by Decree by : Ross Sandler

Download or read book Democracy by Decree written by Ross Sandler and published by Yale University Press. This book was released on 2004-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

Control of the Laws in the Ancient Democracy at Athens

Author : Edwin Carawan
Publisher : JHU Press
ISBN 13 : 1421439506
Total Pages : 323 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Control of the Laws in the Ancient Democracy at Athens by : Edwin Carawan

Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

Checking Presidential Power

Author : Valeria Palanza
Publisher : Cambridge University Press
ISBN 13 : 1108682952
Total Pages : 267 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Checking Presidential Power by : Valeria Palanza

Download or read book Checking Presidential Power written by Valeria Palanza and published by Cambridge University Press. This book was released on 2019-01-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

Decrees of Fourth-Century Athens (403/2–322/1 BC): Volume 2, Political and Cultural Perspectives

Author :
Publisher : Cambridge University Press
ISBN 13 : 1316952711
Total Pages : 320 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Decrees of Fourth-Century Athens (403/2–322/1 BC): Volume 2, Political and Cultural Perspectives by :

Download or read book Decrees of Fourth-Century Athens (403/2–322/1 BC): Volume 2, Political and Cultural Perspectives written by and published by Cambridge University Press. This book was released on 2020-03-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decree-making is a defining aspect of ancient Greek political activity: it was the means by which city-state communities went about deciding to get things done. This two-volume work provides a new view of the decree as an institution within the framework of fourth-century Athenian democratic political activity. Volume 1 consists of a comprehensive account of the literary evidence for decrees of the fourth-century Athenian assembly. Volume 2 analyses how decrees and decree-making, by offering both an authoritative source for the narrative of the history of the Athenian demos and a legitimate route for political self-promotion, came to play an important role in shaping Athenian democratic politics. Peter Liddel assesses ideas about, and the reality of, the dissemination of knowledge of decrees among both Athenians and non-Athenians and explains how they became significant to the wider image and legacy of the Athenians.

Executive Decree Authority

Author : John M. Carey
Publisher : Cambridge University Press
ISBN 13 : 9780521597227
Total Pages : 350 pages
Book Rating : 4.5/5 (972 download)

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Book Synopsis Executive Decree Authority by : John M. Carey

Download or read book Executive Decree Authority written by John M. Carey and published by Cambridge University Press. This book was released on 1998-05-13 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a theory that predicts when executives should turn to decree and when legislatures should accept this method of policy-making.

Fixing Democracy

Author : Javier Corrales
Publisher : Oxford University Press
ISBN 13 : 0190868899
Total Pages : 289 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Fixing Democracy by : Javier Corrales

Download or read book Fixing Democracy written by Javier Corrales and published by Oxford University Press. This book was released on 2018 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of institutions, a core concept in comparative politics, has produced many rich and influential theories on the economic and political effects of institutions, yet it has been less successful at theorizing their origins. In Fixing Democracy, Javier Corrales develops a theory of institutional origins that concentrates on constitutions and levels of power within them. He reviews numerous Latin American constituent assemblies and constitutional amendments to explore why some democracies expand rather than restrict presidential powers and why this heightened presidentialism discourages democracy. His signal theoretical contribution is his elaboration on power asymmetries. Corrales determines that conditions of reduced power asymmetry make constituent assemblies more likely to curtail presidential powers, while weaker opposition and heightened power asymmetry is an indicator that presidential powers will expand. The bargain-based theory that he uses focuses on power distribution and provides a more accurate variable in predicting actual constitutional outcomes than other approaches based on functionalism or ideology. While the empirical focus is Latin America, Fixing Democracy contributes a broadly applicable theory to the scholarship both institutions and democracy.

Power Without Responsibility

Author : David Schoenbrod
Publisher : Yale University Press
ISBN 13 : 0300159595
Total Pages : 374 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Power Without Responsibility by : David Schoenbrod

Download or read book Power Without Responsibility written by David Schoenbrod and published by Yale University Press. This book was released on 2008-10-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Democracy by Decree

Author : Adis Merdzanovic
Publisher :
ISBN 13 : 9783838207728
Total Pages : 421 pages
Book Rating : 4.2/5 (77 download)

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Book Synopsis Democracy by Decree by : Adis Merdzanovic

Download or read book Democracy by Decree written by Adis Merdzanovic and published by . This book was released on 2015-08 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of consociational power sharing as a post-war political system has become one of the international community's preferred post-conflict devices. In situations where warring polities are internally divided by ethnic, religious, linguistic, or national identity, consociationalism guarantees the inclusion of all groups in the political process and prevents a âtyranny' of the majority over one or more minorities. However, if international actors keep intervening in the political process, the advantages of consociationalism are turned upside down. In this exceptional book, Adis Merdzanovic develops a theoretical and empirical approach to understanding consociational democracies that include external intervention. Using the case of Bosnia and Herzegovina, where the consociational Dayton Peace Agreement ended the three-year war between Serbs, Croats, and Bosniaks twenty years ago, it elaborates on the different approaches used in the past and gives practical recommendations for future state-building exercises by the international community.

Federal Consent Decree Fairness Act

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Federal Consent Decree Fairness Act by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property

Download or read book Federal Consent Decree Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2005 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Militant Democracy

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Militant Democracy by : András Sajó

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.

Presidential Decrees in Russia

Author : Thomas F. Remington
Publisher : Cambridge University Press
ISBN 13 : 1107040795
Total Pages : 187 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Presidential Decrees in Russia by : Thomas F. Remington

Download or read book Presidential Decrees in Russia written by Thomas F. Remington and published by Cambridge University Press. This book was released on 2014-06-05 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the way Russian presidents Yeltsin, Medvedev, and Putin have used their constitutional decree powers since the end of the Soviet regime. The Russian constitution gives the Russian president extremely broad decree-making power, but its exercise is constrained by both formal and informal considerations. The book compares the Russian president's powers to those of other presidents, including the executive powers of the United States president and those of Latin American presidents. The book traces the historical development of decree power in Russia from the first constitution in 1905 through the Soviet period and up to the present day, showing strong continuities over time. It concludes that Russia's president operates in a strategic environment, where he must anticipate the way other actors, such as the bureaucracy and the parliament, will respond to his use of decree power.

Bush v. Gore

Author : Charles L. Zelden
Publisher : University Press of Kansas
ISBN 13 : 070062967X
Total Pages : 356 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Bush v. Gore by : Charles L. Zelden

Download or read book Bush v. Gore written by Charles L. Zelden and published by University Press of Kansas. This book was released on 2020-07-16 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings. It provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.

Decrees of Fourth-Century Athens (403/2-322/1 BC): Volume 1, The Literary Evidence

Author :
Publisher : Cambridge University Press
ISBN 13 : 9781107184985
Total Pages : 0 pages
Book Rating : 4.1/5 (849 download)

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Book Synopsis Decrees of Fourth-Century Athens (403/2-322/1 BC): Volume 1, The Literary Evidence by :

Download or read book Decrees of Fourth-Century Athens (403/2-322/1 BC): Volume 1, The Literary Evidence written by and published by Cambridge University Press. This book was released on 2020-03-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decree-making is a defining aspect of ancient Greek political activity: it was the means by which city-state communities went about deciding to get things done. This two-volume work provides a new view of the decree as an institution within the framework of fourth-century Athenian democratic political activity. Volume 1 consists of a comprehensive account of the literary evidence for decrees of the fourth-century Athenian assembly. Volume 2 analyses how decrees and decree-making, by offering both an authoritative source for the narrative of the history of the Athenian demos and a legitimate route for political self-promotion, came to play an important role in shaping Athenian democratic politics. Peter Liddel assesses ideas about, and the reality of, the dissemination of knowledge of decrees among both Athenians and non-Athenians and explains how they became significant to the wider image and legacy of the Athenians.

Democracy

Author : Condoleezza Rice
Publisher : Twelve
ISBN 13 : 1455540196
Total Pages : 440 pages
Book Rating : 4.4/5 (555 download)

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Book Synopsis Democracy by : Condoleezza Rice

Download or read book Democracy written by Condoleezza Rice and published by Twelve. This book was released on 2017-05-09 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the former secretary of state and bestselling author -- a sweeping look at the global struggle for democracy and why America must continue to support the cause of human freedom. "This heartfelt and at times very moving book shows why democracy proponents are so committed to their work...Both supporters and skeptics of democracy promotion will come away from this book wiser and better informed." -- The New York Times From the end of the Cold War and the collapse of the Soviet Union to the ongoing struggle for human rights in the Middle East, Condoleezza Rice has served on the front lines of history. As a child, she was an eyewitness to a third awakening of freedom, when her hometown of Birmingham, Alabama, became the epicenter of the civil rights movement for black Americans. In this book, Rice explains what these epochal events teach us about democracy. At a time when people around the world are wondering whether democracy is in decline, Rice shares insights from her experiences as a policymaker, scholar, and citizen, in order to put democracy's challenges into perspective. When the United States was founded, it was the only attempt at self-government in the world. Today more than half of all countries qualify as democracies, and in the long run that number will continue to grow. Yet nothing worthwhile ever comes easily. Using America's long struggle as a template, Rice draws lessons for democracy around the world -- from Russia, Poland, and Ukraine, to Kenya, Colombia, and the Middle East. She finds that no transitions to democracy are the same because every country starts in a different place. Pathways diverge and sometimes circle backward. Time frames for success vary dramatically, and countries often suffer false starts before getting it right. But, Rice argues, that does not mean they should not try. While the ideal conditions for democracy are well known in academia, they never exist in the real world. The question is not how to create perfect circumstances but how to move forward under difficult ones. These same insights apply in overcoming the challenges faced by governments today. The pursuit of democracy is a continuing struggle shared by people around the world, whether they are opposing authoritarian regimes, establishing new democratic institutions, or reforming mature democracies to better live up to their ideals. The work of securing it is never finished. NEW YORK TIMES BESTSELLER

The Death of Democracy

Author : Benjamin Carter Hett
Publisher : Henry Holt and Company
ISBN 13 : 1250162513
Total Pages : 304 pages
Book Rating : 4.2/5 (51 download)

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Book Synopsis The Death of Democracy by : Benjamin Carter Hett

Download or read book The Death of Democracy written by Benjamin Carter Hett and published by Henry Holt and Company. This book was released on 2018-04-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A riveting account of how the Nazi Party came to power and how the failures of the Weimar Republic and the shortsightedness of German politicians allowed it to happen. Why did democracy fall apart so quickly and completely in Germany in the 1930s? How did a democratic government allow Adolf Hitler to seize power? In The Death of Democracy, Benjamin Carter Hett answers these questions, and the story he tells has disturbing resonances for our own time. To say that Hitler was elected is too simple. He would never have come to power if Germany’s leading politicians had not responded to a spate of populist insurgencies by trying to co-opt him, a strategy that backed them into a corner from which the only way out was to bring the Nazis in. Hett lays bare the misguided confidence of conservative politicians who believed that Hitler and his followers would willingly support them, not recognizing that their efforts to use the Nazis actually played into Hitler’s hands. They had willingly given him the tools to turn Germany into a vicious dictatorship. Benjamin Carter Hett is a leading scholar of twentieth-century Germany and a gifted storyteller whose portraits of these feckless politicians show how fragile democracy can be when those in power do not respect it. He offers a powerful lesson for today, when democracy once again finds itself embattled and the siren song of strongmen sounds ever louder.

Presidentialism and Democracy in Latin America

Author : Scott Mainwaring
Publisher : Cambridge University Press
ISBN 13 : 9780521576147
Total Pages : 512 pages
Book Rating : 4.5/5 (761 download)

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Book Synopsis Presidentialism and Democracy in Latin America by : Scott Mainwaring

Download or read book Presidentialism and Democracy in Latin America written by Scott Mainwaring and published by Cambridge University Press. This book was released on 1997-05-13 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the current debate regarding the liabilities and merits of presidential government, this work asks: does presidentialism make it less likely that democratic governments will be able to manage political conflict, as many prominent scholars have argued? With the unprecedented wave of transitions to democracy since the 1970s, this question has been hotly contested in political and intellectual circles all over the globe. The contributors to this volume examine variations among different presidential systems and sceptically view claims that presidentialism has added significantly to the problems of democratic governance and stability. The contributors argue that presidential systems vary in important ways, mostly according to the constitutional powers accorded to the president to affect legislation and the degree to which presidents parties control legislative majorities.

State of Exception

Author : Giorgio Agamben
Publisher : University of Chicago Press
ISBN 13 : 0226009262
Total Pages : 108 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis State of Exception by : Giorgio Agamben

Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.