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.
Constitutional Interpretation as Constitutional Maintenance 460 15. Constitutional Change and Its Limits 497 Epilogue 530 Reprise 533 General Index 537 ...
In addition to three editions of American Constitutional Interpretation , the first with James E. Fleming and William F. Harris II , the second with Fleming ...
... and third editions of American Constitutional Interpretation and yet found time while generating his own scholarship to read and criticize this 14.
Felix Frankfurter's claim that constitutional interpretation is “ applied politics , ” with politics defined in the broad sense used here , was exactly on ...
Yet because human beings make laws , interpret laws , and apply laws , discretion and inequality are ubiquitous . ( It was this truth that the little girl ...
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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