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? |
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... less important to good judging than lawyers and schol- ars commonly suppose , and that , at least in constitutional cases , what matters most is moral conviction and practical judgment . As the book evolved , I received more collegial ...
... ( less reliably ) with the views of the presidents who ap- pointed them . Despite the political nature of these disagreements , they nevertheless differ from the kinds of disputes that are most com- mon in the elected branches . They ...
... less they practice this craft with surgical precision . As I have already said , however , I do not think that the Constitution consists of opaque messages from the past , and I do not think that lawyers have any spe- cial claim to ...
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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
Referencias a este libro
Rethinking the Rule of Law After Communism Adam Czarnota,Martin Krygier,Wojciech Sadurski Sin vista previa disponible - 2005 |