Constitutional Democracy: Creating and Maintaining a Just Political Order
JHU 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.
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Constitutionalists are distrustful of " majority's " benevolence toward those who are " different " from or compete against them . Lest a majority of any ...
For a study of Quakers ' decision - making processes , see Michael J. Sheeran , S.J. , Beyond Majority Rule : Voteless Decisions in the Religious Society of ...
... even if those actions mirror the deliberate judgment of a charismatic leader , a benevolent junta , or the overwhelming majority of voters .
... and rouse the attention of the whole community , it may be one means to control the majority from those acts to which they might otherwise be inclined .
... unmodified democracy , at least a version based on unrestrained majority rule , could soon commit suicide by allowing today's majority to restrict the ...
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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 ... Leer comentario completo
Values Interests and Goals
Alternative Political Systems
Alternative Political Systems The Debate
The Possibility of Constitutional Democracy
To Draft or Not to Draft a Constitutional Text
Drafting 1 The Shape of the Constitution
Drafting 2 The Judiciary
Drafting 3 A Bill of Rights
Military and Security Forces
Rebuilding the Machinery of the State The Bureaucracies
Dealing with Deposed Despots
Constitutional Interpretation as Constitutional Maintenance
Constitutional Change and Its Limits