Download or read book Rule of Law vs Majoritarian Democracy written by Giuliano Amato and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Download or read book Majoritarian Democracy written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-09-04 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discover the transformative power of majoritarian democracy with "Majoritarian Democracy," a vital addition to the "Political Science" series. This book offers an in-depth exploration of majoritarian democracy, its principles, challenges, and impact on governance. Understand how majority rule interacts with minority rights and how different electoral systems shape democratic outcomes. 1-Majoritarian Democracy-Explore foundational concepts and core principles. 2-Democracy-Situate majoritarian democracy within broader democratic theory. 3-Election-Investigate the role of elections in reflecting the majority's will. 4-Proportional Representation-Contrast proportional representation with majoritarian systems. 5-First-past-the-post Voting-Understand this voting system and its implications. 6-Tyranny of the Majority-Recognize the risks of majority dominance over minorities. 7-Parallel Voting-Learn how parallel systems balance majoritarian and proportional elements. 8-Majoritarianism-Delve into majoritarianism as a political ideology. 9-Majority Rule-Examine the principle of majority rule in democratic decisions. 10-Majority Criterion-Investigate criteria ensuring fair majority rule. 11-Minoritarianism-Explore the role of minoritarianism in protecting minority interests. 12-Geniocracy-Discuss the implications of geniocracy on majoritarian democracy. 13-How Democratic Is the American Constitution?-Assess the Constitution's alignment with majoritarian principles. 14-Elections in Georgia (Country)-Review Georgia's electoral systems for a comparative perspective. 15-Liberal Democracy-Explore the relationship between majoritarian and liberal democratic principles. 16-Semi-proportional Representation-Analyze systems that balance majority rule with minority representation. 17-Electoral System-Explore various electoral systems shaping political outcomes. 18-Majoritarian Representation-Understand majoritarian representation in different frameworks. 19-Outline of Political Science-Get an overview of political science concepts relevant to majoritarian democracy. 20-Mixed Electoral System-Examine systems integrating majoritarian and proportional elements. 21-Mixed-member Majoritarian Representation-Explore balanced democratic outcomes through mixed-member majoritarian representation. "Majoritarian Democracy" is your key to unlocking the complexities of democratic governance. Its clear explanations offer invaluable insights for professionals, students, and enthusiasts. The understanding gained from this book offers lasting benefits and a deeper appreciation for democracy's dynamics.
Download or read book Supermajority Voting in Constitutional Courts written by Cristóbal Caviedes and published by Taylor & Francis. This book was released on 2024-08-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Download or read book First Democracy written by Paul Woodruff and published by Oxford University Press. This book was released on 2006-03-16 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brilliant analysis of the nature of democracy draws on the hard-earned lessons of the ancient Greeks.
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Download or read book Majoritarianism written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-08-13 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlock a deeper understanding of democracy with "Majoritarianism," a vital addition to the "Political Science" series-In an era dominated by governance and majority rule, this book offers a comprehensive exploration of the principles and challenges of majoritarianism-Whether you’re a professional, a student, or simply passionate about political theory, this book provides insights that extend far beyond basic knowledge. 1-Majoritarianism-Dive into the core concept of majoritarianism, examining its roots, principles, and implications for democratic governance. 2-Democracy-Explore the broader context of democracy to understand how majoritarianism fits within the democratic framework. 3-Election-Understand the critical role elections play in expressing the will of the majority and serving as the cornerstone of democratic legitimacy. 4-First-Past-the-Post Voting-Delve into this electoral system that exemplifies majoritarian principles, analyzing its advantages and potential pitfalls. 5-Tyranny of the Majority-Examine the dark side of majoritarianism, where unchecked majority rule can threaten the rights of minorities. 6-Majority Rule-Gain insights into the mechanisms and justifications of majority rule, balancing governance with fairness. 7-Minoritarianism-Contrast majoritarianism with minoritarianism, exploring scenarios where minority rights prevail in decision-making. 8-Concurrent Majority-Investigate this alternative approach to decision-making, where consensus across multiple groups challenges pure majoritarianism. 9-Politics (Aristotle)-Discover Aristotle’s foundational views on politics and how they influence modern interpretations of majority rule. 10-History of Democracy-Trace the evolution of democracy, identifying key moments where majoritarian principles shaped political systems. 11-Landsgemeinde-Learn about this ancient form of direct democracy, offering a unique historical perspective on majoritarian practices. 12-Majoritarian Democracy-Analyze the specific characteristics and outcomes of political systems built on majoritarian principles. 13-Counter-Majoritarian Difficulty-Explore the tension between majoritarianism and judicial review, and how this impacts democratic governance. 14-Liberal Democracy-Compare majoritarianism with liberal democracy, where individual rights and checks on majority power are emphasized. 15-Criticism of Democracy-Engage with critiques that highlight potential flaws in majoritarian approaches. 16-Electoral System-Review different electoral systems, evaluating how they support or challenge majoritarian principles. 17-Types of Democracy-Broaden your understanding by exploring various forms beyond majoritarianism, such as deliberative and participatory democracies. 18-Majoritarian Representation-Focus on how majoritarian principles shape policy and law in representative government. 19-Outline of Democracy-Get an overview of key elements that define democratic systems, providing context for understanding majoritarianism’s role. 20-Epistemic Democracy-Explore where decision-making is informed by expertise rather than just majority opinion. 21-Mixed-Member Majoritarian Representation-Examine this hybrid system that combines majoritarian and proportional representation, offering a balanced approach to governance.
Download or read book Law and Democracy written by Tom Campbell and published by Routledge. This book was released on 2003 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant effect on the practice of law and its theoretical study. Currently this relationship is evident in the impact of recent developments in the practice and theory of democracy that are redolent with implications for law and legal theory. This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory.
Download or read book The Judiciary and American Democracy written by Kenneth D. Ward and published by State University of New York Press. This book was released on 2012-02-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role courts should play in American democracy has long been contested, fueling debates among citizens who take an active interest in politics. Alexander Bickel made a significant contribution to these debates with his seminal publication, The Least Dangerous Branch, which framed the problem of defending legitimate judicial authority. This book addresses whether or not the countermajoritarian difficulty outlined in Bickel's work continues to have significance for constitutional theory almost a half-century later. The contributors illustrate how the countermajoritarian difficulty and Bickel's response to it engage prominent theories: the proceduralisms of John Hart Ely and Jeremy Waldron; the republicanisms of Bruce Ackerman and Cass Sunstein; and the originalisms of Raoul Berger, Robert Bork, and Keith Whittington. In so doing, this book provides a useful introduction to recent debates in constitutional theory and also contributes to the broader discussion about the proper role of the courts.
Download or read book Majority Rule and Minority Rights written by Henry Steele Commager and published by . This book was released on 1950 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Download or read book Governance and Constitutionalism written by Bogdan Iancu and published by Routledge. This book was released on 2018-11-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.
Download or read book Law and Disagreement written by Jeremy Waldron and published by OUP Oxford. This book was released on 1999-03-11 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews. Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.
Download or read book Here the People Rule written by Richard Davies Parker and published by . This book was released on 1994 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What a breath of fresh air! Anyone who thinks a constitutional court must be conceived solely in terms of restraining popular impulse and containing the passions of the masses will have to think again after reading Parker's provocative books which makes a very eloquent plea for assigning to courts and constitutions the very difficult mission of unleashing political energy and stimulating public participation in civic life." -Laurence H. Tribe, Harvard University Law School "Even those of us who disagree with some of Parker's arguments should welcome his central point: that it is neither desirable nor possible in a democracy to find permanent bypasses around public opinion on the most important issues." -U.S. Representative Barney Frank "Though I didn't concur with all of it, this is the most provocative book on law and politics in a long time." -U.S. Representative Mel Reynolds "Much of this book is downright fun to read-a rarity in legal scholarship. Parker's main theme-that we need to rediscover constitutional law's populist/majoritarian nature and possibilities-is both provocative and supremely important." -Akhil Amar, Yale Law School "This book deserves to be read, reread, and reread again. Its logic and fundamental understanding of the purpose of constitutional law will persuade, challenge, or infuriate readers. But Parker's words will linger and his book will sow an intellectual revolution grounded in the experience and sensibilities of citizens. Oligarchs, plutocrats, sophists, and practitioners of noblesse oblige beware: your controlling processes stand exposed by a profoundly illuminating mind." -Ralph Nader
