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The Democratic Constitution 2nd Edition
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Book Synopsis The Democratic Constitution, 2nd Edition by : Neal Devins
Download or read book The Democratic Constitution, 2nd Edition written by Neal Devins and published by Oxford University Press. This book was released on 2015-09-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Book Synopsis The Democratic Constitution by : Neal Devins
Download or read book The Democratic Constitution written by Neal Devins and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Book Synopsis How Democratic Is the American Constitution? by : Robert A. Dahl
Download or read book How Democratic Is the American Constitution? written by Robert A. Dahl and published by Yale University Press. This book was released on 2003-11-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book, one of our most eminent political scientists questions the extent to which the American Constitution furthers democratic goals. Robert Dahl reveals the Constitution's potentially antidemocratic elements and explains why they are there, compares the American constitutional system to other democratic systems, and explores how we might alter our political system to achieve greater equality among citizens. In a new chapter for this second edition, he shows how increasing differences in state populations revealed by the Census of 2000 have further increased the veto power over constitutional amendments held by a tiny minority of Americans. He then explores the prospects for changing some important political practices that are not prescribed by the written Constitution, though most Americans may assume them to be so.
Book Synopsis The Democratic Constitution by : Brian E. Butler
Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.
Book Synopsis Democratic Dialogue and the Constitution by : Alison L. Young
Download or read book Democratic Dialogue and the Constitution written by Alison L. Young and published by Oxford University Press. This book was released on 2017 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
Book Synopsis The Civic Constitution by : Elizabeth Beaumont
Download or read book The Civic Constitution written by Elizabeth Beaumont and published by Oxford University Press. This book was released on 2014 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.
Book Synopsis The Story of the Constitution by : Sol Bloom
Download or read book The Story of the Constitution written by Sol Bloom and published by . This book was released on 2013-10 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new release of the original 1937 edition.
Book Synopsis Our Republican Constitution by : Randy E. Barnett
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Book Synopsis Constitutional Processes and Democratic Commitment by : Donald L. Horowitz
Download or read book Constitutional Processes and Democratic Commitment written by Donald L. Horowitz and published by Yale University Press. This book was released on 2021 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.
Book Synopsis A Preface to Democratic Theory by : Robert A. Dahl
Download or read book A Preface to Democratic Theory written by Robert A. Dahl and published by University of Chicago Press. This book was released on 1956 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Dahl's Preface helped launch democratic theory fifty years ago as a new area of study in political science, and it remains the standard introduction to the field. Exploring problems that had been left unsolved by traditional thought on democracy, Dahl here examines two influential models--the Madisonian, which represents prevailing American doctrine, and its recurring challenger, populist theory--arguing that they do not accurately portray how modern democracies operate. He then constructs a model more consistent with how contemporary democracies actually function, and, in doing so, develops some original views of popular sovereignty and the American constitutional system.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Book Synopsis Democracy and Political Ignorance by : Ilya Somin
Download or read book Democracy and Political Ignorance written by Ilya Somin and published by Stanford University Press. This book was released on 2013-10-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Often, many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This may be rational, but it creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. In Democracy and Political Ignorance, Ilya Somin mines the depths of ignorance in America and reveals the extent to which it is a major problem for democracy. Somin weighs various options for solving this problem, arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. Somin provocatively argues that people make better decisions when they choose what to purchase in the market or which state or local government to live under, than when they vote at the ballot box, because they have stronger incentives to acquire relevant information and to use it wisely.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg
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 election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? 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 either hinder or 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—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. 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 that would be banned in many other democracies. But 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.
Book Synopsis The People’s Constitution by : John F. Kowal
Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Book Synopsis Working a Democratic Constitution by : Granville Austin
Download or read book Working a Democratic Constitution written by Granville Austin and published by Oxford University Press, USA. This book was released on 2003 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working a Democratic Constitution tells a very human story of how the social, political and day-to-day lived realities of the Indian people has been reflected in, and in turn directed the course of, constitutional reforms in the country. Through the post independence euphoria to the turbulentyears of Indira Gandhi's 'Emergency' and Rajiv Gandhi's brief period of power, the way in which the constitution has evolved to suit the changing needs of the times is an important indicator of India's successful experience with democracy. Granville Austin is one of the world's leading experts on the Indian constitution. Since his classic work The Indian Constitution: Cornerstone of a Nation (OUP, 1966), he has been working on this long-awaited book, which not only presents archival sources, but also first-hand interviews with andrare documentation by many of the key political and legal figures of the last fifty years. With its wide historical sweep, and meticulously detailed research, this is Austin's magnum opus described by Fali Nariman as a 'great and compassionate work'. The clarity and elegance of Austin's writing makes this book not only a necessary but a pleasurable read for anyone interested in comparative constitutional law and the recent political history of India, and for students, teachers and researchers of the subject.
