The Common Good of Constitutional Democracy

The Common Good of Constitutional Democracy PDF Author: Martin Rhonheimer
Publisher: CUA Press
ISBN: 0813220092
Category : Business & Economics
Languages : en
Pages : 577

Book Description
The Common Good of Constitutional Democracy offers a rich collection of essays in political philosophy by Swiss philosopher Martin Rhonheimer. Like his other books in both ethical theory and applied ethics, which have recently been published in English, the essays included are distinguished by the philosophical rigor and meticulous attention to the primary and secondary literature of the various topics discussed

Constitutional Democracy

Constitutional Democracy PDF Author: J nos Kis
Publisher: Central European University Press
ISBN: 9789639241329
Category : Political Science
Languages : en
Pages : 344

Book Description
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Constitutional Democracy and Judicial Supremacy

Constitutional Democracy and Judicial Supremacy PDF Author: Jerome C. Foss
Publisher:
ISBN: 9781604979282
Category : Law
Languages : en
Pages : 214

Book Description
"The best books on politics offer us fresh insight into the way things are, and powerful arguments about how things ought to be. Jerome Foss's superb book accomplishes both of these ends, rescuing John Rawls's work from the dusty corners of overly abstract theorizing by emphasizing Rawls's dedication to a very practical reinvention of the American political experiment. This approach has the virtue not only of according with Rawls's mature interpretation of his work, but also of setting up a lively contrast between the constitutional republicanism of the framers and Rawls's constitutional democracy. This book is a trustworthy guide to the American constitutional tradition as well as Rawls's innovative alternative, offering a respectful treatment of the latter while providing an engaging and persuasive defense of the former." -Micah J. Watson, William Spoelhof Teacher-Scholar Chair in Political Science, Calvin College "Foss's careful study of the transformative intention of Rawls's political theory brings extraordinary insights to our academic debates, and to the real causes of our polarized, dysfunctional politics. The analysis of Rawls's pragmatism reveals its breathtaking goal to elevate progressive-liberal judges as epitomes of public reason, seeking to construct a rationalist, egalitarian-minded democracy to replace the framers' complex republicanism. Rawls has partially succeeded; we increasingly are ruled by living judicialism rather than the rule of law, under novel power wielded by federal courts, law professors, and lawyers. Foss gives Rawls a fair hearing, but insists we confront the arbitrary and utopian bases of this radical project, and the costs of elevating equality and constructed theory at the expense of liberty, self-government, and natural rights. Those who care about the fate of constitutional self-government, and whether utopian theories produce sustainable polities or political-social disorder, must confront this book." -Paul Carrese, Professor of Political Science, U.S. Air Force Academy

A Constitutional Democracy, Voices and Votes

A Constitutional Democracy, Voices and Votes PDF Author: Edward Delon
Publisher:
ISBN: 9781491702284
Category : Democracy
Languages : en
Pages : 0

Book Description
Consent to be governed includes rights and responsibilities of the citizenry to ensure that freedom, justice, and equality prevail over narrowed special interests. It can be challenging for citizens to grasp the consequences of their disengagement without knowledge of fundamental democratic principles, purpose and functions of government, and an understanding of America's history. This book addresses constitutional principles, national security, immigration, domestic and global economic issues, foreign affairs, and the Electoral College. The overarching goal is to motivate the reader to become involved in, and remain engaged in, the civic and political process at all levels of government for the common good of the country. The framework was developed, in part, from The National Assessment of Educational Progress (NAEP) using the high school assessments for civics, economics, and U.S. History. NAEP's 2010 Civics report found that less than 30% of 4th, 8th, and 12th-grade students were proficient in civics. The Intercollegiate Studies Institute (ISI) administered a 60-question civics literacy exam to 28,000 undergraduate students from more than 80 colleges. The average score was 54%. When ISI tested adults of all ages and educational backgrounds, 71% of them failed.

Constitutional Democracy

Constitutional Democracy PDF Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Category : Law
Languages : en
Pages : 588

Book Description
Publisher Description

How to Save a Constitutional Democracy

How to Save a Constitutional Democracy PDF Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656441X
Category : Law
Languages : en
Pages : 306

Book Description
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.

The Limits of Constitutional Democracy

The Limits of Constitutional Democracy PDF Author: Jeffrey K. Tulis
Publisher: Princeton University Press
ISBN: 1400836794
Category : Law
Languages : en
Pages : 360

Book Description
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Republicanism and the Future of Democracy

Republicanism and the Future of Democracy PDF Author: Geneviève Rousselière
Publisher: Cambridge University Press
ISBN: 1316517551
Category : Political Science
Languages : en
Pages : 309

Book Description
Explores how republican political thought can make a constructive and distinctive contribution to our understanding of democracy and the challenges it faces.

Constitutional Democracy Vs. Utopian Democracy

Constitutional Democracy Vs. Utopian Democracy PDF Author: Raymond English
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 28

Book Description
Democracy has always been prone to self-destruction, and it was only after the American Civil War that democracy--or at least constitutional representative government--acquired a respectable reputation. There are two very different types of democracies each with its underlying philosophy, value system, and view of human nature. These are constitutional democracy and utopian democracy. The contrast between the American Revolution and the French is in essence the difference between the two types of democracy. The American Revolution strove to preserve English rights and legal institutions, and the old English tradition of the rule of law was made more rigid in the American governmental system. The old Judeo-Christian view of imperfect human beings was implicit in the Constitution. The French Revolution began with a vision of the liberation of mankind and ended in a military dictatorship. The utopian view of human nature is an embodiment of Jean-Jacques Rousseau's philosophy that assumes human beings are naturally good, generous, sociable, and peaceful. Constitutional democracy is less concerned with end results than is utopian democracy. The former is concerned with equal opportunity, not with equality in results or performance. Both types of democracy--especially in developing countries--have the potential to deteriorate into totalitarian regimes. (BZ)

Crafting Constitutional Democracies

Crafting Constitutional Democracies PDF Author: Edward V. Schneier
Publisher: Rowman & Littlefield
ISBN: 9780742530744
Category : Law
Languages : en
Pages : 288

Book Description
By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.