Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Download or read book The American Doctrine of Judicial Review and Contemporary Democratic Theory written by C. Edwin Gilmour and published by . This book was released on 1984 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book Words That Bind written by John Arthur and published by Routledge. This book was released on 2018-02-12 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Download or read book Democratic Theories and the Constitution written by Martin Edelman and published by State University of New York Press. This book was released on 1985-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.
Download or read book Judicial Review and Democracy written by Howard Edward Dean and published by . This book was released on 1966 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Real World of Democratic Theory written by Ian Shapiro and published by Princeton University Press. This book was released on 2010-11-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Ian Shapiro develops and extends arguments that have established him as one of today's leading democratic theorists. Shapiro is hardheaded about the realities of politics and power, and the difficulties of fighting injustice and oppression. Yet he makes a compelling case that democracy's legitimacy depends on pressing it into the service of resisting domination, and that democratic theorists must rise to the occasion of fashioning the necessary tools. That vital agenda motivates the arguments of this book. Tracing modern democracy's roots to John Locke and the American founders, Shapiro shows that they saw more deeply into the dynamics of democratic politics than have many of their successors. Drawing on Lockean and Madisonian insights, Shapiro evaluates democracy's changing global fortunes over the past two decades. He also shows how elusive democracy can be by exploring the contrast between its successful establishment in South Africa and its failures elsewhere--particularly the Middle East. Shapiro spells out the implications of his account for long-standing debates about public opinion, judicial review, abortion, and inherited wealth--as well as more recent preoccupations with globalization, national security, and international terrorism. Scholars, students, and democratic activists will all learn from Shapiro's trenchant account of democracy's foundations, its history, and its contemporary challenges. They will also find his distinctive democratic vision both illuminating and appealing.
Download or read book The Judiciary and American Democracy written by Kenneth D. Ward and published by SUNY Press. This book was released on 2006-06-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines recent debates in constitutional theory in light of the work of Alexander Bickel.
Download or read book Constitutionalism and Democracy written by George Skouras and published by Springer Nature. This book was released on with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democratic Decision Making written by David Lewis Schaefer and published by Lexington Books. This book was released on 2012-02-20 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic Decision-Making: Historical and Contemporary Perspectives contains eight essays by political scientists addressing various aspects of the democratic decision-making process. The book is divided into four parts: democratic statesmanship, the extent to which limitations of the democratic principle of majority rule are desirable, the contemporary doctrine of “deliberative democracy,” and informal modes of democratic decision-making. Under these four headings, the contributors discuss a wide variety of issues, including the practice of “political opportunism” by such statesmen as Hamilton and Madison; the historical development of legal restraints on democracy in America ranging from judicial review (during the colonial period) to the filibuster; the operation of classical Athenian democracy, the defects of which may have been exaggerated by the American Founders; the significance of the reflections of Tammany Hall boss George Washington Plunkitt for the development of the American party system; the relation of deliberative-democracy theory to the thought of Rousseau; and the means by which cooperative land-use agreements have been arrived at in California, eliciting the voluntary consent of the affected parties instead of relying on judicial or bureaucratic dictates. The book is well-suited for use in courses on American political thought, democratic theory, American political development, and related subjects.
Download or read book Democracy and Distrust written by and published by . This book was released on 1982 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Judicial Review written by Erin F. Delaney and published by Edward Elgar Publishing. This book was released on 2018 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Download or read book Responsive Judicial Review written by Rosalind Dixon and published by Oxford University Press. This book was released on 2023-01-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions--through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak DS strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
Download or read book The State of Democratic Theory written by Ian Shapiro and published by Princeton University Press. This book was released on 2009-01-10 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should we expect from democracy, and how likely is it that democracies will live up to those expectations? In The State of Democratic Theory, Ian Shapiro offers a critical assessment of contemporary answers to these questions, lays out his distinctive alternative, and explores its implications for policy and political action. Some accounts of democracy's purposes focus on aggregating preferences; others deal with collective deliberation in search of the common good. Shapiro reveals the shortcomings of both, arguing instead that democracy should be geared toward minimizing domination throughout society. He contends that Joseph Schumpeter's classic defense of competitive democracy is a useful starting point for achieving this purpose, but that it stands in need of radical supplementation--both with respect to its operation in national political institutions and in its extension to other forms of collective association. Shapiro's unusually wide-ranging discussion also deals with the conditions that make democracy's survival more and less likely, with the challenges presented by ethnic differences and claims for group rights, and with the relations between democracy and the distribution of income and wealth. Ranging over politics, philosophy, constitutional law, economics, sociology, and psychology, this book is written in Shapiro's characteristic lucid style--a style that engages practitioners within the field while also opening up the debate to newcomers.
Download or read book Deliberative Democracy and the Institutions of Judicial Review written by Christopher F. Zurn and published by . This book was released on 2007 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zurn examines the legitimacy of constitutional review using a normative theory of deliberative democratic constitutionalism.
Download or read book Democracy Without Shortcuts written by Cristina Lafont and published by Oxford University Press, USA. This book was released on 2020-01-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.
