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 77
Página xi
... claim in Ecclesiastes that " the use of books is endless . " This volume grew out of almost five decades of re- search , analysis , and worry . It began in 1956 , when , as a graduate student at the University of Chicago and C. Herman ...
... claim in Ecclesiastes that " the use of books is endless . " This volume grew out of almost five decades of re- search , analysis , and worry . It began in 1956 , when , as a graduate student at the University of Chicago and C. Herman ...
Página 1
... claim that " [ j ] ustice is the end of government . It is the end of civil society . It ever has been and ever will be pursued until it be obtained , or until liberty be lost in the pursuit . " Democracy offers one means to permit a ...
... claim that " [ j ] ustice is the end of government . It is the end of civil society . It ever has been and ever will be pursued until it be obtained , or until liberty be lost in the pursuit . " Democracy offers one means to permit a ...
Página 4
... claim that constitutional interpretation is " applied politics , " with politics defined in the broad sense used here , was exactly on target . The clauses of constitutional texts are typically general in nature ; discovering their more ...
... claim that constitutional interpretation is " applied politics , " with politics defined in the broad sense used here , was exactly on target . The clauses of constitutional texts are typically general in nature ; discovering their more ...
Página 6
... claim to rule ... is most persuasively put . . not in terms of what the people know but in terms of who they are . They are subjects of the law , and if the law is to bind them as free men and women , they must also be its makers . " 15 ...
... claim to rule ... is most persuasively put . . not in terms of what the people know but in terms of who they are . They are subjects of the law , and if the law is to bind them as free men and women , they must also be its makers . " 15 ...
Página 8
... claims , but they may be outnumbered by their colleagues who drift toward the negative pole.19 All varieties of constitutionalists share representative democracy's dedi- cation to process . Most constitutionalists , however , are more ...
... claims , but they may be outnumbered by their colleagues who drift toward the negative pole.19 All varieties of constitutionalists share representative democracy's dedi- cation to process . Most constitutionalists , however , are more ...
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 | |
Otras ediciones - Ver todas
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