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Author : Kathryn Allene Rentel
Publisher :
ISBN 13 :
Total Pages : 740 pages
Book Rating : 4.:/5 (319 download)
Download or read book Interpreting Democracy by Decree written by Kathryn Allene Rentel and published by . This book was released on 1997 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.0/5 (775 download)
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.
Author : Ross Sandler
Publisher : Yale University Press
ISBN 13 : 9780300103144
Total Pages : 292 pages
Book Rating : 4.1/5 (31 download)
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.
Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Jeffrey K. Staton
Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)
Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
Author : Edwin Carawan
Publisher : JHU Press
ISBN 13 : 1421439506
Total Pages : 323 pages
Book Rating : 4.4/5 (214 download)
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.
Author : Sara Forsdyke
Publisher : Princeton University Press
ISBN 13 : 1400826861
Total Pages : 361 pages
Book Rating : 4.4/5 (8 download)
Download or read book Exile, Ostracism, and Democracy written by Sara Forsdyke and published by Princeton University Press. This book was released on 2009-01-10 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the cultural and political significance of ostracism in democratic Athens. In contrast to previous interpretations, Sara Forsdyke argues that ostracism was primarily a symbolic institution whose meaning for the Athenians was determined both by past experiences of exile and by its role as a context for the ongoing negotiation of democratic values. The first part of the book demonstrates the strong connection between exile and political power in archaic Greece. In Athens and elsewhere, elites seized power by expelling their rivals. Violent intra-elite conflict of this sort was a highly unstable form of "politics that was only temporarily checked by various attempts at elite self-regulation. A lasting solution to the problem of exile was found only in the late sixth century during a particularly intense series of violent expulsions. At this time, the Athenian people rose up and seized simultaneously control over decisions of exile and political power. The close connection between political power and the power of expulsion explains why ostracism was a central part of the democratic reforms. Forsdyke shows how ostracism functioned both as a symbol of democratic power and as a key term in the ideological justification of democratic rule. Crucial to the author's interpretation is the recognition that ostracism was both a remarkably mild form of exile and one that was infrequently used. By analyzing the representation of exile in Athenian imperial decrees, in the works of Herodotus, Thucydides, Plato, Aristotle, and in tragedy and oratory, Forsdyke shows how exile served as an important term in the debate about the best form of rule.
Author : Douglass Cecil North
Publisher : Cambridge University Press
ISBN 13 : 0521761735
Total Pages : 345 pages
Book Rating : 4.5/5 (217 download)
Download or read book Violence and Social Orders written by Douglass Cecil North and published by Cambridge University Press. This book was released on 2009-02-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book integrates the problem of violence into a larger framework, showing how economic and political behavior are closely linked.
Author : Christopher Hobson
Publisher : Edinburgh University Press
ISBN 13 : 0748692827
Total Pages : 264 pages
Book Rating : 4.7/5 (486 download)
Download or read book Rise of Democracy written by Christopher Hobson and published by Edinburgh University Press. This book was released on 2015-10-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores democracy's remarkable rise from obscurity to centre stage in contemporary international relations, from the rogue democratic state of 18th Century France to Western pressures for countries throughout the world to democratise.
Author : Samuel Issacharoff
Publisher :
ISBN 13 :
Total Pages : 1286 pages
Book Rating : 4.3/5 (91 download)
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.
Author : Alexis de Tocqueville
Publisher : Library of Alexandria
ISBN 13 : 1613105002
Total Pages : 1320 pages
Book Rating : 4.6/5 (131 download)
Download or read book Democracy in America (Complete) written by Alexis de Tocqueville and published by Library of Alexandria. This book was released on 2020-09-28 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed. I speedily perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the Government; it creates opinions, engenders sentiments, suggests the ordinary practices of life, and modifies whatever it does not produce. The more I advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated. I then turned my thoughts to our own hemisphere, where I imagined that I discerned something analogous to the spectacle which the New World presented to me. I observed that the equality of conditions is daily progressing towards those extreme limits which it seems to have reached in the United States, and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. I hence conceived the idea of the book which is now before the reader. It is evident to all alike that a great democratic revolution is going on amongst us; but there are two opinions as to its nature and consequences. To some it appears to be a novel accident, which as such may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency which is to be found in history. Let us recollect the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man, and landed property was the sole source of power. Soon, however, the political power of the clergy was founded, and began to exert itself: the clergy opened its ranks to all classes, to the poor and the rich, the villein and the lord; equality penetrated into the Government through the Church, and the being who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not infrequently above the heads of kings. The different relations of men became more complicated and more numerous as society gradually became more stable and more civilized. Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons in their ermine and their mail. Whilst the kings were ruining themselves by their great enterprises, and the nobles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in State affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised. Gradually the spread of mental acquirements, and the increasing taste for literature and art, opened chances of success to talent; science became a means of government, intelligence led to social power, and the man of letters took a part in the affairs of the State. The value attached to the privileges of birth decreased in the exact proportion in which new paths were struck out to advancement. In the eleventh century nobility was beyond all price; in the thirteenth it might be purchased; it was conferred for the first time in 1270; and equality was thus introduced into the Government by the aristocracy itself.
Author : Dimitrios Kivotidis
Publisher : Taylor & Francis
ISBN 13 : 100386127X
Total Pages : 291 pages
Book Rating : 4.0/5 (38 download)
Download or read book The Dialectics of Democracy written by Dimitrios Kivotidis and published by Taylor & Francis. This book was released on 2024-03-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the democratic form and the struggle for democracy reflects, influences and shapes the struggle for social emancipation. In the context of increased exploitation, rising inequality, and intensified struggle for social justice in the aftermath of the economic crisis, the channelling of populism through liberal democratic institutions has had contradictory effects: giving rise to both Corbyn and Brexit, Sanders and Trump, Syriza and the Golden Dawn, to name but a few. How can we make sense of these developments? In response, this book approaches the idea of democracy from a socialist constitutionalist standpoint and explores institutional forms and principles that challenge and aim at the transformation of the extant social order. This process involves the challenging of well-established ideas of the liberal viewpoint, as well as an unwavering focus on the issue of class rule which enables the highlighting of limitations of -not only mainstream but also heterodox- contemporary approaches to constitutionalism and democracy. Ultimately, democracy is conceived as a process of struggle for creating the conditions, material as well as intellectual, for its actualisation. This significant work of legal and political theory will be of considerable interest to those working in these areas to make sense of contemporary developments, and to further the causes of social justice and social emancipation.
Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author : Stephen D. Lambert
Publisher : BRILL
ISBN 13 : 900435249X
Total Pages : 343 pages
Book Rating : 4.0/5 (43 download)
Download or read book Inscribed Athenian Laws and Decrees in the Age of Demosthenes written by Stephen D. Lambert and published by BRILL. This book was released on 2017-11-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects twelve papers which make original contributions to the historical interpretation of inscribed Athenian laws and decrees, with a core focus on significant historical shapes and patterns implicit in the corpus of the age of Demosthenes. Following a synthetic Introduction, two chapters analyse locations and selectivity of inscribing, four explore the implications of the inscriptions for Athenian policy and for developing attitudes to the past, three for aspects of Athenian democracy. The volume concludes with two studies of specific inscriptions. Some of the papers have appeared elsewhere in conference proceedings and Festschriften, some are published here for the first time. The volume complements the author’s previous collection, Inscribed Athenian Laws and Decrees 352/1-322/1 BC: Epigraphical Essays.
Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 1108498809
Total Pages : 255 pages
Book Rating : 4.1/5 (84 download)
Download or read book Crises of Democracy written by Adam Przeworski and published by Cambridge University Press. This book was released on 2019-09-26 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the economic, social, cultural, as well as purely political threats to democracy in the light of current knowledge.
Author : Michael Signer
Publisher : St. Martin's Press
ISBN 13 : 0230618561
Total Pages : 274 pages
Book Rating : 4.2/5 (36 download)
Download or read book Demagogue written by Michael Signer and published by St. Martin's Press. This book was released on 2009-02-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: A demagogue is a tyrant who owes his initial rise to the democratic support of the masses. Huey Long, Hugo Chavez, and Moqtada al-Sadr are all clear examples of this dangerous byproduct of democracy. Demagogue takes a long view of the fight to defend democracy from within, from the brutal general Cleon in ancient Athens, the demagogues who plagued the bloody French Revolution, George W. Bush's naïve democratic experiment in Iraq, and beyond. This compelling narrative weaves stories about some of history's most fascinating figures, including Adolf Hitler, Senator Joe McCarthy, and General Douglas Macarthur, and explains how humanity's urge for liberty can give rise to dark forces that threaten that very freedom. To find the solution to democracy's demagogue problem, the book delves into the stories of four great thinkers who all personally struggled with democracy--Plato, Alexis de Tocqueville, Leo Strauss, and Hannah Arendt.
Author :
Publisher : Cambridge University Press
ISBN 13 : 1316952711
Total Pages : 320 pages
Book Rating : 4.3/5 (169 download)
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.
