Working a Democratic Constitution

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 796 pages
Book Rating : 4.F/5 ( download)

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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.

Working a Democratic Constitution

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Publisher :
ISBN 13 :
Total Pages : 771 pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Working a Democratic Constitution by : Granville Austin

Download or read book Working a Democratic Constitution written by Granville Austin and published by . This book was released on 2003 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Active Liberty

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Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Active Liberty by : Stephen Breyer

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.

A Democratic Constitution for Public Education

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Publisher : University of Chicago Press
ISBN 13 : 9780226200545
Total Pages : 0 pages
Book Rating : 4.2/5 (5 download)

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Book Synopsis A Democratic Constitution for Public Education by : Paul T. Hill

Download or read book A Democratic Constitution for Public Education written by Paul T. Hill and published by University of Chicago Press. This book was released on 2014-11-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s education system faces a stark dilemma: it needs governmental oversight, rules and regulations, but it also needs to be adaptable enough to address student needs and the many different problems that can arise at any given school—something that large educational bureaucracies are notoriously bad at. Paul Hill and Ashley Jochim offer here a solution that is brilliant for its simplicity and distinctly American sensibility: our public education system needs a constitution. Adapting the tried-and-true framework of our forefathers to the specific governance of education, they show that the answer has been part of our political DNA all along. Most reformers focus on who should control education, but Hill and Jochim show that who governs is less important than determining what powers they have. They propose a Civic Education Council—a democratic body subject to checks and balances that would define the boundaries of its purview as well as each school’s particular freedoms. They show how such a system would prevent regulations meant to satisfy special interests and shift the focus to the real task at hand: improving school performance. Laying out the implications of such a system for parents, students, teachers, unions, state and federal governments, and courts, they offer a vision of educational governance that stays true to—and draws on the strengths of—one of the greatest democratic tools we have ever created.

Our Undemocratic Constitution

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Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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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

India's Founding Moment

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Publisher :
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis India's Founding Moment by : Madhav Khosla

Download or read book India's Founding Moment written by Madhav Khosla and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Democratic Constitution Making

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Democratic Constitution Making by : Vivien Hart

Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitution of India

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849468702
Total Pages : 288 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The Constitution of India by : Arun K Thiruvengadam

Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

How Democratic Is the American Constitution?

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Publisher : Yale University Press
ISBN 13 : 0300133723
Total Pages : 235 pages
Book Rating : 4.3/5 (1 download)

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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.

How Democratic is the Constitution?

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Author :
Publisher : A E I Press
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis How Democratic is the Constitution? by : Robert A. Goldwin

Download or read book How Democratic is the Constitution? written by Robert A. Goldwin and published by A E I Press. This book was released on 1980 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

The Democratic Constitution

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Publisher : University of Chicago Press
ISBN 13 : 022647450X
Total Pages : 258 pages
Book Rating : 4.2/5 (264 download)

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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.

The Democratic Constitution

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Publisher : Oxford University Press, USA
ISBN 13 : 0199916543
Total Pages : 369 pages
Book Rating : 4.1/5 (999 download)

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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.

Democratic Constitution Making

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Democratic Constitution Making by : Vivien Hart

Download or read book Democratic Constitution Making written by Vivien Hart and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The People’s Constitution

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Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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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.

How to Save a Constitutional Democracy

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Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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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.

Constitutional Processes and Democratic Commitment

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Publisher : Yale University Press
ISBN 13 : 0300254369
Total Pages : 284 pages
Book Rating : 4.3/5 (2 download)

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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.

The Calculus of Consent

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Publisher : Selected Works of Gordon Tullo
ISBN 13 : 9780865975323
Total Pages : 0 pages
Book Rating : 4.9/5 (753 download)

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Book Synopsis The Calculus of Consent by : James M. Buchanan

Download or read book The Calculus of Consent written by James M. Buchanan and published by Selected Works of Gordon Tullo. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Calculus of Consent, the second volume of Liberty Fund's The Selected Works of Gordon Tullock, is a reprint edition of the ground-breaking economic classic written by two of the world's preeminent economists--Gordon Tullock and Nobel Laureate James M. Buchanan. This book is a unique blend of economics and political science that helped create significant new subfields in each discipline respectively, namely, the public choice school and constitutional political economy. Charles K. Rowley, Duncan Black Professor of Economics at George Mason University, points out in his introduction, "The Calculus of Consent is, by a wide margin, the most widely cited publication of each coauthor and, by general agreement, their most important scientific contribution." The Calculus of Consent is divided into four parts, each consisting of several chapters. The introduction by Professor Rowley provides a short overview of the book and identifies key insights that permeated the bounds of economics and political science and created an enduring nexus between the two sciences. Part I of The Calculus of Consent establishes the conceptual framework of the book's subject; part II defines the realm of social choice; part III applies the logic developed in part II to describe a range of decision-making rules, most notably, the rule of simple majority; and part IV explores the economics and ethics of democracy. Gordon Tullock is Professor Emeritus of Law at George Mason University, where he was Distinguished Research Fellow in the Center for Study of Public Choice and University Professor of Law and Economics. He also taught at the University of South Carolina, the University of Virginia, Rice University, Virginia Polytechnic Institute and State University, and the University of Arizona. In 1966 he founded the journal that became Public Choice and remained its editor until 1990. James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty of the twentieth century. He is also Professor Emeritus at George Mason and Virginia Tech Universities. Charles K. Rowley was Duncan Black Professor of Economics at George Mason University and a Senior Fellow of the James M. Buchanan Center for Political Economy at George Mason University. He was also General Director of the Locke Institute.