Democratic Law

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Democratic Law

Author : Seana Valentine Shiffrin
Publisher : Oxford University Press
ISBN 13 : 0190084502
Total Pages : 249 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Democratic Law by : Seana Valentine Shiffrin

Download or read book Democratic Law written by Seana Valentine Shiffrin and published by Oxford University Press. This book was released on 2021-09-17 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context. After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments, she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.

Democratic Governance and International Law

Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 9780521667968
Total Pages : 604 pages
Book Rating : 4.6/5 (679 download)

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Book Synopsis Democratic Governance and International Law by : Gregory H. Fox

Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.

Democratic Crisis and Global Constitutional Law

Author : Christopher Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1108496083
Total Pages : 281 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Democratic Crisis and Global Constitutional Law by : Christopher Thornhill

Download or read book Democratic Crisis and Global Constitutional Law written by Christopher Thornhill and published by Cambridge University Press. This book was released on 2021-01-28 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.

Judicial Activism and the Democratic Rule of Law

Author : Sonja C. Grover
Publisher : Springer Nature
ISBN 13 : 3030350851
Total Pages : 283 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Judicial Activism and the Democratic Rule of Law by : Sonja C. Grover

Download or read book Judicial Activism and the Democratic Rule of Law written by Sonja C. Grover and published by Springer Nature. This book was released on 2020-02-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

The Law of Democracy

Author : Samuel Issacharoff
Publisher :
ISBN 13 :
Total Pages : 1286 pages
Book Rating : 4.3/5 (91 download)

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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.

The Law of Democracy

Author : Samuel Issacharoff
Publisher : West Publishing Company
ISBN 13 :
Total Pages : 844 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law of Democracy by : Samuel Issacharoff

Download or read book The Law of Democracy written by Samuel Issacharoff and published by West Publishing Company. This book was released on 1998 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: [The author's] examine an array of specific issues currently posing challenges to the practice of democratic politics in the United States: issues involving the individual right to vote, partisan and racial gerrymandering, the relationship of the state to political parties, campaign-finance reform, and the fair representation of minorities in democratic bodies.... If nothing else, [their] aim is to open the minds of readers to other ways of conceiving democratic institutions than those that are reflected in current arrangements. The wealth of issues makes it unlikely that any one-semester course will cover the entire book. -Pref.

The Rule of Law in Action in Democratic Athens

Author : Edward M. Harris
Publisher : Oxford University Press
ISBN 13 : 0199899169
Total Pages : 488 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Rule of Law in Action in Democratic Athens by : Edward M. Harris

Download or read book The Rule of Law in Action in Democratic Athens written by Edward M. Harris and published by Oxford University Press. This book was released on 2013-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.

State Secretaries of State

Author : Jocelyn F. Benson
Publisher : Routledge
ISBN 13 : 1317050355
Total Pages : 170 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis State Secretaries of State by : Jocelyn F. Benson

Download or read book State Secretaries of State written by Jocelyn F. Benson and published by Routledge. This book was released on 2016-04-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly a decade after the 2000 Presidential elections invited a firestorm of questions about the sanctity of our democratic process, there continues to be a heightened interest in the role of state-wide elections officials, typically the state's Secretary of State - this book looks into their pivotal role in the promotion of a healthy democracy. Much past interest has resulted in overly critical coverage of election errors, ignoring the tireless efforts that ensure the American citizens benefit from a democratic, inclusive and accountable election process. Through a series of case studies, anecdotes, and interviews with current and recent secretaries, State Secretaries of State author Jocelyn Benson readdresses this balance by providing the first in-depth study of the Secretary's role in registering voters, enforcing voting laws and regulations, overseeing elections, and certifying results. As such, it represents a much-needed contribution to the study of US elections, both in practice and in law.

Law, Democracy and the European Court of Human Rights

Author : Rory O'Connell
Publisher : Cambridge University Press
ISBN 13 : 1107035074
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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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.

Democracy and the Rule of Law

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521532662
Total Pages : 338 pages
Book Rating : 4.5/5 (326 download)

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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.

The Concept of Liberal Democratic Law

Author : Johan Willem Gous Van der Walt
Publisher : Law and Politics
ISBN 13 : 9780367181819
Total Pages : 0 pages
Book Rating : 4.1/5 (818 download)

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Book Synopsis The Concept of Liberal Democratic Law by : Johan Willem Gous Van der Walt

Download or read book The Concept of Liberal Democratic Law written by Johan Willem Gous Van der Walt and published by Law and Politics. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.

Election Law and Democratic Theory

Author : Professor David Schultz
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 0754675432
Total Pages : 295 pages
Book Rating : 4.7/5 (546 download)

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Book Synopsis Election Law and Democratic Theory by : Professor David Schultz

Download or read book Election Law and Democratic Theory written by Professor David Schultz and published by Ashgate Publishing, Ltd.. This book was released on 2014-01-08 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a full-length examination of the political theories and principles and democratic values underlying current election law debates and the regulation of political campaigns and participants in the United States. Topics covered range from campaign finance reform, voting rights, reapportionment and ballot access to the rights of political parties, the media and other players in the system. The study challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.

Eternity Clauses in Democratic Constitutionalism

Author : Silvia Suteu
Publisher : Oxford University Press
ISBN 13 : 0192602608
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu

Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

The Law of Deliberative Democracy

Author : Ron Levy
Publisher : Routledge
ISBN 13 : 1134502060
Total Pages : 271 pages
Book Rating : 4.1/5 (345 download)

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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.

Democratic Decline in Hungary

Author : András L. Pap
Publisher : Routledge
ISBN 13 : 1351684671
Total Pages : 176 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Democratic Decline in Hungary by : András L. Pap

Download or read book Democratic Decline in Hungary written by András L. Pap and published by Routledge. This book was released on 2017-08-03 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

The Politics and Law of Democratic Transition

Author : Sonia Zaman Khan
Publisher : Routledge
ISBN 13 : 1351860240
Total Pages : 260 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Politics and Law of Democratic Transition by : Sonia Zaman Khan

Download or read book The Politics and Law of Democratic Transition written by Sonia Zaman Khan and published by Routledge. This book was released on 2017-10-25 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.

Democracies and International Law

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 110891022X
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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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.