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
Página xii
... Regime Changes , " 2 L. & Soc . Rev. 357 ( 1968 ) , reprinted in Joel Grossman and Joseph Tanenhaus , eds . , Frontiers of Judicial Research ( New York : Wiley , 1969 ) ; " Constitutional Courts and Political Representation , " in ...
... Regime Changes , " 2 L. & Soc . Rev. 357 ( 1968 ) , reprinted in Joel Grossman and Joseph Tanenhaus , eds . , Frontiers of Judicial Research ( New York : Wiley , 1969 ) ; " Constitutional Courts and Political Representation , " in ...
Página 4
... regime with totalitarian ambitions . And neither Friends nor consensus is so common as to make the Quakers ' version feasible for other than small communities . Although data collected from survey research show that popular preferences ...
... regime with totalitarian ambitions . And neither Friends nor consensus is so common as to make the Quakers ' version feasible for other than small communities . Although data collected from survey research show that popular preferences ...
Página 11
... regime is likely to be replaced , perhaps violently , by another kind of political order that is neither constitu- tionalist nor democratic . This book seldom if ever uses Liberal or Liberalism unless modified by an adjective such as ...
... regime is likely to be replaced , perhaps violently , by another kind of political order that is neither constitu- tionalist nor democratic . This book seldom if ever uses Liberal or Liberalism unless modified by an adjective such as ...
Página 15
... regime of General Augusto Pinochet . These professors used the general's constitutional text as the touchstone not only for what was constitutional in Chile but also for what accorded with constitu- tionalism . At that point , the light ...
... regime of General Augusto Pinochet . These professors used the general's constitutional text as the touchstone not only for what was constitutional in Chile but also for what accorded with constitu- tionalism . At that point , the light ...
Página 17
... regime , establishing a viable economy , and interpreting the constitu- tional order so as to both maintain its basic principles and allow effective governance . Closely connected are constitutional adaptation and thus con- stitutional ...
... regime , establishing a viable economy , and interpreting the constitu- tional order so as to both maintain its basic principles and allow effective governance . Closely connected are constitutional adaptation and thus con- stitutional ...
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