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How Democratic Is the American Constitution?

2003-11-10 Law
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Release : 2003-11-10
Genre : Law
Kind : eBook
Book Rating : 723/5 ( reviews)

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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. This book was released on 2003-11-10. 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.

The Democratic Constitution

2017-08-21 Law
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Release : 2017-08-21
Genre : Law
Kind : eBook
Book Rating : 50X/5 ( reviews)

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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. This book was released on 2017-08-21. 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.

Active Liberty

2007-12-18 Political Science
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Release : 2007-12-18
Genre : Political Science
Kind : eBook
Book Rating : 618/5 ( reviews)

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Book Synopsis Active Liberty by : Stephen Breyer

Download or read book Active Liberty written by Stephen Breyer. This book was released on 2007-12-18. 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.

Democracy and Constitutions

2021 Constitutional law
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Release : 2021
Genre : Constitutional law
Kind : eBook
Book Rating : 933/5 ( reviews)

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Book Synopsis Democracy and Constitutions by : Allan C. Hutchinson

Download or read book Democracy and Constitutions written by Allan C. Hutchinson. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Democratic Constitution Making

2003 Constitutional law
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Release : 2003
Genre : Constitutional law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Democratic Constitution Making by : Vivien Hart

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

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