Constitutional Democracy: Creating and Maintaining a Just Political OrderJHU Press, 2007 - 547 páginas Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called free government. In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. |
Dentro del libro
Resultados 1-5 de 80
Página 3
... citizens , inhibit the formulation of wise public policy , and obfuscate moral as well as legal responsibility . Politics Many , perhaps most , journalists , judges , and even professional politicians themselves equate politics with ...
... citizens , inhibit the formulation of wise public policy , and obfuscate moral as well as legal responsibility . Politics Many , perhaps most , journalists , judges , and even professional politicians themselves equate politics with ...
Página 5
... citizens , must live . " 10 For theorists such as Joseph Schumpeter , the right of citizens to choose among competing elites- along with voters ' rights to free discussion and association - pretty much captures the meaning of democracy ...
... citizens , must live . " 10 For theorists such as Joseph Schumpeter , the right of citizens to choose among competing elites- along with voters ' rights to free discussion and association - pretty much captures the meaning of democracy ...
Página 7
... citizens can have opportunities to live decent lives . Obviously , this normative theory is at war with totalitarianism and is also incompatible with most forms of authoritarian government . Moreover , it coexists uneasily with its ...
... citizens can have opportunities to live decent lives . Obviously , this normative theory is at war with totalitarianism and is also incompatible with most forms of authoritarian government . Moreover , it coexists uneasily with its ...
Página 8
... citizens , is the safest depository of their own rights . " 22 Constitutionalists respect the right to political participation , but they — especially negative constitutionalists — are more apt to view " the right to be let alone " as ...
... citizens , is the safest depository of their own rights . " 22 Constitutionalists respect the right to political participation , but they — especially negative constitutionalists — are more apt to view " the right to be let alone " as ...
Página 11
... citizens , must internalize the norms of popular yet limited government . And third , the stakes of politics cannot be lowered to the extent that citizens feel no need to vote or engage in other forms of political participation ...
... citizens , must internalize the norms of popular yet limited government . And third , the stakes of politics cannot be lowered to the extent that citizens feel no need to vote or engage in other forms of political participation ...
Contenido
Values Interests and Goals | 34 |
Alternative Political Systems | 66 |
Alternative Political Systems The Debate | 106 |
The Possibility of Constitutional Democracy | 145 |
To Draft or Not to Draft a Constitutional Text | 183 |
Drafting 1 The Shape of the Constitution | 204 |
Drafting 2 The Judiciary | 239 |
Drafting 3 A Bill of Rights | 274 |
Creating Citizens | 340 |
Military and Security Forces | 376 |
Rebuilding the Machinery of the State The Bureaucracies | 396 |
Dealing with Deposed Despots | 423 |
Constitutional Interpretation as Constitutional Maintenance | 458 |
Constitutional Change and Its Limits | 495 |
Epilogue | 528 |
Reprise | 531 |
Drafting 4 Special Cases | 305 |
Epilogue | 322 |
Introduction | 329 |
General Index | 535 |
542 | |
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Constitutional Democracy: Creating and Maintaining a Just Political Order Walter F. Murphy Sin vista previa disponible - 2008 |
Términos y frases comunes
amendment argument Article asks Baca Basic Law Cambridge caucus chair Chicago citizens civilian claim consociationalism constitutional charter Constitutional Court constitutional democracy constitutional interpretation constitutional order constitutional text constitutionalist create culture debate decisions democ democratic Deukalion discussion document Douglas Greenberg economic elected electoral equal ethnic Federal freedom German governmental Gregorian groups Harvard University Harvard University Press human institutions Islam issues Jacobsohn John judges judicial review junta justice Knesset leaders legislators Madison ment military Minister moral Murphy Muslims norms Oxford University Press Parliament parliamentary system parties Pilsudski political system president Princeton University Princeton University Press problems processes Professor proposal protect public officials public policies punishment Pyknites question reason regime religious representative democracy Republic rule says social society Stephen Macedo Strega Supreme Court Theory tion tional U.S. Supreme Court United values vote Walter F women World York Zingaro