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 75
Página 1
... protect them from each other as well as from foreigners . " [ I ] t is to secure our just rights that we resort to government , " Thomas Jefferson noted.1 But as soon as a people have a state and a government , they need to be protected ...
... protect them from each other as well as from foreigners . " [ I ] t is to secure our just rights that we resort to government , " Thomas Jefferson noted.1 But as soon as a people have a state and a government , they need to be protected ...
Página 2
... protect the welfare of society , support popular government , but install in- stitutional checks on the authority of all rulers , even the people themselves . A third solution would marry these two forms of government into a hybrid ...
... protect the welfare of society , support popular government , but install in- stitutional checks on the authority of all rulers , even the people themselves . A third solution would marry these two forms of government into a hybrid ...
Página 3
... protect the well - being of the collectivity " ( p . 31 ) . 6. I recognize , of course , that office holders do not always , indeed probably rarely , act solely out of concern for the public weal . As professionals they have their own ...
... protect the well - being of the collectivity " ( p . 31 ) . 6. I recognize , of course , that office holders do not always , indeed probably rarely , act solely out of concern for the public weal . As professionals they have their own ...
Página 8
... protect individual rights . For democrats , the right to political participation is the fundamental right because is it " protective of all other rights . " 21 The Thomas Jefferson who is the hero of democratic theorists claimed that ...
... protect individual rights . For democrats , the right to political participation is the fundamental right because is it " protective of all other rights . " 21 The Thomas Jefferson who is the hero of democratic theorists claimed that ...
Página 14
... protect freedom of the press more than forty years before Canada had a constitutionally entrenched bill of rights , see the opinion of Chief Justice Lyman Duff in Reference re Alberta Press Case , [ 1938 ] S.C.R. 100. Duff's reasoning ...
... protect freedom of the press more than forty years before Canada had a constitutionally entrenched bill of rights , see the opinion of Chief Justice Lyman Duff in Reference re Alberta Press Case , [ 1938 ] S.C.R. 100. Duff's reasoning ...
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