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Legal Right And Social Democracy
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Download or read book The Third Way written by Anthony Giddens and published by John Wiley & Sons. This book was released on 2013-05-29 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of finding a 'third way' in politics has been widely discussed over recent months - not only in the UK, but in the US, Continental Europe and Latin America. But what is the third way? Supporters of the notion haven't been able to agree, and critics deny the possibility altogether. Anthony Giddens shows that developing a third way is not only a possibility but a necessity in modern politics.
Book Synopsis The Theory of Social Democracy by : Thomas Meyer
Download or read book The Theory of Social Democracy written by Thomas Meyer and published by John Wiley & Sons. This book was released on 2013-09-30 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ascendancy of neo-liberalism in different parts of the world has put social democracy on the defensive. Its adherents lack a clear rationale for their policies. Yet a justification for social democracy is implicit in the United Nations Covenants on Human Rights, ratified by most of the worlds countries. The covenants commit all nations to guarantee that their citizens shall enjoy the traditional formal rights; but they likewise pledge governments to make those rights meaningful in the real world by providing social security and cultural recognition to every person. This new book provides a systematic defence of social democracy for our contemporary global age. The authors argue that the claims to legitimation implicit in democratic theory can be honored only by social democracy; libertarian democracies are defective in failing to protect their citizens adequately against social, economic, and environmental risks that only collective action can obviate. Ultimately, social democracy provides both a fairer and more stable social order. But can social democracy survive in a world characterized by pervasive processes of globalization? This book asserts that globalization need not undermine social democracy if it is harnessed by international associations and leavened by principles of cultural respect, toleration, and enlightenment. The structures of social democracy must, in short, be adapted to the exigencies of globalization, as has already occurred in countries with the most successful social-democratic practices.
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.
Book Synopsis Foundations of Social Democracy by : Tobias Gombert
Download or read book Foundations of Social Democracy written by Tobias Gombert and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Social Democracy in the Global Periphery by : Richard Sandbrook
Download or read book Social Democracy in the Global Periphery written by Richard Sandbrook and published by Cambridge University Press. This book was released on 2007-03-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Democracy in the Global Periphery focuses on social-democratic regimes in the developing world that have, to varying degrees, reconciled the needs of achieving growth through globalized markets with extensions of political, social and economic rights. The authors show that opportunities exist to achieve significant social progress, despite a global economic order that favours core industrial countries. Their findings derive from a comparative analysis of four exemplary cases: Kerala (India), Costa Rica, Mauritius and Chile (since 1990). Though unusual, the social and political conditions from which these developing-world social democracies arose are not unique; indeed, pragmatic and proactive social-democratic movements helped create these favourable conditions. The four exemplars have preserved or even improved their social achievements since neoliberalism emerged hegemonic in the 1980s. This demonstrates that certain social-democratic policies and practices - guided by a democratic developmental state - can enhance a national economy's global competitiveness.
Book Synopsis The Sociology of Law and the Global Transformation of Democracy by : Chris Thornhill
Download or read book The Sociology of Law and the Global Transformation of Democracy written by Chris Thornhill and published by Cambridge University Press. This book was released on 2018-06-21 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.
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 Eduard Bernstein on Social Democracy and International Politics by : MARIUS S. OSTROWSKI
Download or read book Eduard Bernstein on Social Democracy and International Politics written by MARIUS S. OSTROWSKI and published by Palgrave MacMillan. This book was released on 2019-06-07 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents three later works by the German social-democratic thinker and politician Eduard Bernstein, translated into English in full for the first time: Social Democracy and International Politics: Social Democracy and the European Question; League of Nations or League of States; and International Law and International Politics: The Nature, Questions, and Future of International Law. Written at the height of WW1, they address the abrupt collapse of international socialist cooperation after its outbreak, and outline a vision for peace in Europe and beyond. Bernstein argues for an ethical, democratic approach to international relations, governed by a corpus of international law, and safeguarded by an international union dedicated to preserving peoples' right to self-determination. He is sceptical of the state-centrism of early-20th-century liberal proposals for developing strong international institutions, while also deeply critical of militarist and imperialist political leaders and thinkers for preventing even these limited proposals from being realised. Instead, in these works, Bernstein urges social democrats to campaign for a system of international economic, legal, and cultural relations that he calls the 'republic of peoples', and he explores themes of patriotism, class struggle, diplomacy, and free trade that still carry resonance today.
Book Synopsis Social Democratic America by : Lane Kenworthy
Download or read book Social Democratic America written by Lane Kenworthy and published by Oxford University Press. This book was released on 2013-12-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is the one of the wealthiest nations on earth. So why do so many Americans struggle to make ends meet? Why is it so difficult for those who start at the bottom to reach the middle class? And why, if a rising economic tide lifts all boats, have middle-class incomes been growing so slowly? Social Democratic America explains how this has happened and how we can do better. Lane Kenworthy convincingly argues that we can improve economic security, expand opportunity, and ensure rising living standards for all by moving toward social democracy. Drawing on his extensive knowledge of social policy in America and other affluent countries, he proposes a set of public social programs, including universal early education, an expanded Earned Income Tax Credit, wage insurance, the government as employer of last resort, and many others. Kenworthy looks at common objections to social democracy, such as the oft-repeated claim that Americans don't want big government, which he readily debunks. Indeed, we already have in place a host of effective and popular social programs, from Social Security to Medicare to public schooling. Moreover, the available evidence suggests that rich nations can generate the tax revenues needed to pay for generous social programs while maintaining an innovative and growing economy, and without restricting liberty. Can it happen? Kenworthy describes how the US has been progressing slowly but steadily toward a genuine social democracy for nearly a century. Controversial and powerful, Social Democratic America shows that the good society doesn't require a radical break from our past; we just need to continue in the direction we are already heading.
Book Synopsis Engaging with Social Rights by : Brian Ray
Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Book Synopsis Democracy and Distrust by : John Hart Ely
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Book Synopsis How Constitutional Rights Matter by : Adam Chilton
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Book Synopsis The Three Worlds of Social Democracy by : Ingo Schmidt
Download or read book The Three Worlds of Social Democracy written by Ingo Schmidt and published by Pluto Press (UK). This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the current state of social democracy, and what are its prospects? This book is one of the first truly global explorations of the methods, meanings and limits of social democracy worldwide, exploring the history and track record of the movement in its many forms. The authors examine the spread of social democracy to post-colonial and post-communist countries in Eastern Europe, Latin America, India and South Africa, as well as its historical 'heartlands' in Europe. Economic stagnation combined with a weakening of popular left-wing movements, and the rise of the populist right, present formidable challenges for the proponents of social democracy today. This book will be an indispensable guide for anyone seeking a global view of these world-historic developments.
Book Synopsis The Primacy of Politics by : Sheri Berman
Download or read book The Primacy of Politics written by Sheri Berman and published by Cambridge University Press. This book was released on 2006-08-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political history in the industrial world has indeed ended, argues this pioneering study, but the winner has been social democracy - an ideology and political movement that has been as influential as it has been misunderstood. Berman looks at the history of social democracy from its origins in the late nineteenth century to today and shows how it beat out competitors such as classical liberalism, orthodox Marxism, and its cousins, Fascism and National Socialism by solving the central challenge of modern politics - reconciling the competing needs of capitalism and democracy. Bursting on to the scene in the interwar years, the social democratic model spread across Europe after the Second World War and formed the basis of the postwar settlement. This is a study of European social democracy that rewrites the intellectual and political history of the modern era while putting contemporary debates about globalization in their proper intellectual and historical context.
Book Synopsis Liberty and Security by : Conor Gearty
Download or read book Liberty and Security written by Conor Gearty and published by John Wiley & Sons. This book was released on 2013-04-03 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
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.