Constitutional Self-GovernmentHarvard University Press, 2001 M09 30 - 260 páginas Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? |
Dentro del libro
Resultados 1-5 de 52
... Chapters 4 and 5 , but most of the book argues for no particular inter- pretive protocol . On the contrary , the book maintains that jurispruden- tial technique is less important to good judging than lawyers and schol- ars commonly ...
... chapters published here bear little resem- blance to the drafts I once presented ) . I am also thankful to my editor , Michael Aronson , for his counsel and support , and to my copyeditor , Kate Brick , for her improvements to the ...
Christopher L. Eisgruber. CHAPTERS 1 And 4 include material originally published in " The Living Hand of the Past : History ... Chapter 6 includes material origi- nally pubished in " Democracy , Majoritarianism , and Racial Equality : A ...
... theory of democracy : we will , in particular , have to say what counts as a good representative institution . Executing that assignment will be the task of later chapters , but it is possible to suggest now the course we Introduction 3.
... chapters that follow . I hope , though , that the brief summary offered in this Introduction will suffice to illustrate the character of this book's ar- guments : they view the Constitution and judicial review as practical mechanisms ...
Contenido
The Democratic Functions of Inflexible Constitutions | 10 |
Judicial Review and Democratic Legitimacy | 46 |
Judicial Review and Democratic Flourishing | 79 |
Text and History in Hard Cases | 109 |
Liberty Strategy and Tradition | 136 |
Judicial Maintenance of Political Institutions | 168 |
Conclusion | 205 |
Notes | 213 |
253 | |
Otras ediciones - Ver todas
Constitutional Self-Government Christopher L. EISGRUBER,Christopher L Eisgruber Vista previa limitada - 2009 |
Términos y frases comunes
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Rethinking the Rule of Law After Communism Adam Czarnota,Martin Krygier,Wojciech Sadurski Sin vista previa disponible - 2005 |