Download or read book Democratic Rights written by Corey Brettschneider and published by Princeton University Press. This book was released on 2010-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Download or read book Open Democracy written by Hélène Landemore and published by Princeton University Press. This book was released on 2022-03-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.
Download or read book Democracy and Goodness written by John R. Wallach and published by Cambridge University Press. This book was released on 2018-01-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.
Download or read book Making Rights Claims written by Karen Zivi and published by OUP USA. This book was released on 2012-01-19 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the act of rights claiming a form of political contestation that advances democracy? Rather than simply taking a side for or against rights claiming, Making Rights Claims argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming.
Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Violation of Democratic Rights in India written by and published by . This book was released on 1990 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Download or read book Freedom s Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.
Download or read book Democracy as Human Rights written by Michael Goodhart and published by Routledge. This book was released on 2013-05-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is global democracy possible? The most prominent institutional manifestations of this concept-the UN, WTO, IMF and World Bank-have been skewered as cloistered anti-democratic institutions by anti-globalization activists. Meanwhile, proponents of globalization advocate reforming these institutions to make them more transparent. Michael Goodhart argues that both views fail to recognize the complex link between modern democracy and the sovereign state and the degree to which globalization challenges the modern conceptualization of democracy. Original and historically informed, Democracy as Human Rights provides a carefully argued theory of democracy in which traditional representative government is supported by global institutions designed to guarantee fundamental human rights.
Download or read book Democratic Rights written by Corey Lang Brettschneider and published by . This book was released on 2007 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Download or read book Democracy in Chains written by Nancy MacLean and published by Penguin. This book was released on 2018-06-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Lillian Smith Book Award Winner of the Los Angeles Times Book Prize Finalist for the National Book Award The Nation's "Most Valuable Book" “[A] vibrant intellectual history of the radical right.”—The Atlantic “This sixty-year campaign to make libertarianism mainstream and eventually take the government itself is at the heart of Democracy in Chains. . . . If you're worried about what all this means for America's future, you should be.”—NPR An explosive exposé of the right’s relentless campaign to eliminate unions, suppress voting, privatize public education, stop action on climate change, and alter the Constitution. Behind today’s headlines of billionaires taking over our government is a secretive political establishment with long, deep, and troubling roots. The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority. In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.
Download or read book Violation of Democratic Rights in India written by Akshayakumar Ramanlal Desai and published by Popular Prakashan. This book was released on 1986 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democratic Enlightenment written by Jonathan Israel and published by Oxford University Press. This book was released on 2013-01-17 with total page 1083 pages. Available in PDF, EPUB and Kindle. Book excerpt: That the Enlightenment shaped modernity is uncontested. Yet remarkably few historians or philosophers have attempted to trace the process of ideas from the political and social turmoil of the late eighteenth century to the present day. This is precisely what Jonathan Israel now does. In Democratic Enlightenment, Israel demonstrates that the Enlightenment was an essentially revolutionary process, driven by philosophical debate. The American Revolution and its concerns certainly acted as a major factor in the intellectual ferment that shaped the wider upheaval that followed, but the radical philosophes were no less critical than enthusiastic about the American model. From 1789, the General Revolution's impetus came from a small group of philosophe-revolutionnaires, men such as Mirabeau, Sieyes, Condorcet, Volney, Roederer, and Brissot. Not aligned to any of the social groups represented in the French National assembly, they nonetheless forged "la philosophie moderne"-in effect Radical Enlightenment ideas-into a world-transforming ideology that had a lasting impact in Latin America, Canada and Eastern Europe as well as France, Italy, Germany, and the Low Countries. In addition, Israel argues that while all French revolutionary journals powerfully affirmed that la philosophie moderne was the main cause of the French Revolution, the main stream of historical thought has failed to grasp what this implies. Israel sets the record straight, demonstrating the true nature of the engine that drove the Revolution, and the intimate links between the radical wing of the Enlightenment and the anti-Robespierriste "Revolution of reason."
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book Hate Speech and Democratic Citizenship written by Eric Heinze and published by Oxford University Press. This book was released on 2016-02-04 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
