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Author: John Hart Ely Publisher: Harvard University Press ISBN: 0674263294 Category : Law Languages : en Pages : 281
Book Description
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.
Author: John Hart Ely Publisher: Harvard University Press ISBN: 0674263294 Category : Law Languages : en Pages : 281
Book Description
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.
Author: Pippa Norris Publisher: Cambridge University Press ISBN: 1139496166 Category : Political Science Languages : en Pages : 351
Book Description
Many fear that democracies are suffering from a legitimacy crisis. This book focuses on 'democratic deficits', reflecting how far the perceived democratic performance of any state diverges from public expectations. Pippa Norris examines the symptoms by comparing system support in more than fifty societies worldwide, challenging the pervasive claim that most established democracies have experienced a steadily rising tide of political disaffection during the third-wave era. The book diagnoses the reasons behind the democratic deficit, including demand (rising public aspirations for democracy), information (negative news about government) and supply (the performance and structure of democratic regimes). Finally, Norris examines the consequences for active citizenship, for governance and, ultimately, for democratization. This book provides fresh insights into major issues at the heart of comparative politics, public opinion, political culture, political behavior, democratic governance, political psychology, political communications, public policymaking, comparative sociology, cross-national survey analysis and the dynamics of the democratization process.
Author: Larry Diamond Publisher: Johns Hopkins University Press ISBN: 9780801847479 Category : Political Science Languages : en Pages : 152
Book Description
"Capitalism, Socialism, and Democracy Revisited is must reading for anyone who considers him- or herself a political economist, and it should also appeal to those probing the uncertainties of contemporary democratization." -- Philippe C. Schmitter, Stanford University.
Author: Sujit Kumar Chattopadhyay Publisher: Literatureslight Publishing ISBN: Category : Political Science Languages : en Pages : 160
Book Description
Democracy Revisited is a critical as well as uncritical approach to the study and review of democracy today. The objective of the first chapter is to deal with some theoretical reasons of the decline of democracy such as lack of holistic approach, omission of civil society and varied forms of democracy. Out of many theoretical defects the book especially highlights the problem of precision regarding the meaning and nature of democracy and omission of civil society in democracy. Omission of civil society in democratic discourses has been a direct cause of the decline of democracy. That the people are ignored in practical democracy is due to the fact that civil society is absolutely omitted from the democratic narratives. The book also highlights some of major practical problems that are downgrading the importance, implication and relevance of democracy today in reality. Such practical problems are corruption, rule of the elites in lieu of rule of the people, inequality of race, gender and religion and lack of leadership. Under this perspective, it is necessary to have an open look towards the positive points of democracy. Since, there is no much better alternative than democracy we must have to highlight its strong points such as scope of debate, discussion, participation and formation of opinion by which democracy can be a people-friendly political system as well as an ideology and a cultural practice. Thus, this book is not only a criticism of democracy, but also a call for revisiting its strength by which democracy can still claim to be a suitable alternative of all types of statecraft, political systems and social and cultural pattern of life.
Author: Peter R. Kingstone Publisher: University of Pittsburgh Pre ISBN: 0822973472 Category : Political Science Languages : en Pages : 359
Book Description
Brazil presents a compelling example of twenty-first century democracy in action. In this sequel to their landmark study Democratic Brazil, editors Peter Kingstone and Timothy J. Power have assembled a distinguished group of U.S.- and Brazilian-based scholars to assess the impact of competitive politics on Brazilian government, institutions, economics, and society. The 2002 election of Lula da Silva and his Worker's Party promised a radical shift toward progressive reform, transparency, and accountability, opposing the earlier centrist and market-oriented policies of the Cardoso government. But despite the popular support reflected in his 2006 reelection, many observers claim that Lula and his party have fallen short of their platform promises. They have moved to the center in their policies, done little to change the elitist political culture of the past, and have engaged in "politics as usual" in executive-legislative relations, leading to allegations of corruption. Under these conditions, democracy in Brazil remains an enigma. Progress in some areas is offset by stagnation and regression in others: while the country has seen renewed economic growth and significant progress in areas of health care and education, the gap between rich and poor remains vast. Rampant crime, racial inequality, and a pandemic lack of personal security taint the vision of progress. These dilemmas make Brazil a particularly striking case for those interested in Latin America and democratization in general.
Author: Nancy Kranich Publisher: American Library Association ISBN: 9780838908082 Category : Computers Languages : en Pages : 236
Book Description
From Librarian of Congress, James Billington, to founding director of the Center for the Book, John Cole, the leading-edge information specialists of the day share their insights on the role libraries play in advancing democracy.
Author: Donald Woods Publisher: Andre Deutsch ISBN: 9780233000527 Category : Democracy Languages : en Pages : 0
Book Description
In Rainbow Nation Revisited, Donald Woods, now recognized as being an instrumental figure in the emergence of the new South Africa, revisits the country of his birth for the first time since he fled with his wife and children in 1977. He returns to the places of his past, where he reflects on the extraordinary figures he befriended, including Nelson Mandela, Steve Biko, and Archbishop Desmond Tutu. A skillful and affectionate attempt to unpick the social fabric of a country that was once a pariah state.
Author: John R. Hibbing Publisher: Cambridge University Press ISBN: 9780521009867 Category : Political Science Languages : en Pages : 308
Book Description
Americans often complain about the operation of their government, but scholars have never developed a complete picture of people's preferred type of government. In this provocative and timely book, Hibbing and Theiss-Morse, employing an original national survey and focus groups, report the governmental procedures Americans desire. Contrary to the prevailing view that people want greater involvement in politics, most citizens do not care about most policies and therefore are content to turn over decision-making authority to someone else. People's wish for the political system is that decision makers be empathetic and, especially, non-self-interested, not that they be responsive and accountable to the people's largely nonexistent policy preferences or, even worse, that the people be obligated to participate directly in decision making. Hibbing and Theiss-Morse conclude by cautioning communitarians, direct democrats, social capitalists, deliberation theorists, and all those who think that greater citizen involvement is the solution to society's problems.
Author: Patrick M. Jenlink Publisher: R&L Education ISBN: 1607091267 Category : Education Languages : en Pages : 418
Book Description
Dewey's Democracy and Education Revisited focuses on democratic schools/democratic education and the work of teacher and leader practitioners in the new millennium, taking into consideration the complex and dynamic nature of preparing leaders for changing roles in schools amidst the challenges of standards and accountability, the No Child Left Behind Act, licensure/certification issues, increasing diversity, issues of social justice, shifting demographics, and the myriad of social issues that make democratic leadership necessary. The book presents a collection of contemporary discourses that reconsider the relationship of democracy as a political ideology and American ideal (i.e., Dewey's progressivist ideas) and education as the foundation of preparing democratic citizens in America. Jenlink takes the reader into a reflective and critical examination of Dewey's ideas on democratic education, set forth in the classic philosophy text, Democracy and Education. Each chapter draws the reader into a discussion of the salient and relevant points Dewey argued, and juxtaposes Dewey's points with the issues challenging educators today, in particular focusing on the challenge of fostering democratic education and leadership for America's schools.
Author: Shelley Rigger Publisher: Routledge ISBN: 1134692978 Category : Philosophy Languages : en Pages : 240
Book Description
This book shows that Taiwan, unlike other countries, avoided serious economic disruption and social conflict, and arrived at its goal of multi-party competition with little blood shed. Nonetheless, this survey reveals that for those who imagine democracy to be the panacea for every social, economic and political ill, Taiwan's continuing struggles against corruption, isolation and division offer a cautionary lesson. This book is an ideal, one-stop resource for undergraduate and postgraduate students of political science, particuarly those interested in the international politics of China, and the Asia-Pacific.
Author: John Hart Ely
Author: John Hart Ely
Author: Pippa Norris
Author: Larry Diamond
Author: Sujit Kumar Chattopadhyay
Author: Peter R. Kingstone
Author: Nancy Kranich
Author: Donald Woods
Author: John R. Hibbing
Author: Patrick M. Jenlink
Author: Shelley Rigger