THE DEMOCRACY OF THE CONSTITUTION

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How Democratic Is The American Constitution

Author : Robert A. Dahl
ISBN : 0300095244
Genre : History
File Size : 77.65 MB
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The author argues that certain aspects of the American Constitution are deeply flawed and detract from a purely democratic society and includes discussions on the electoral college, the Federalist Papers, and proportional representation.
Category: History

The Constitution Of European Democracy

Author : Dieter Grimm
ISBN : 9780198805120
Genre : Law
File Size : 36.62 MB
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Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure.This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization ?of European treaties, which has occurred by raising them to the eminence ofa constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EUitself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of "parliamentarization" of the EU, giving the European Parliament the powers typicallypossessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, byhaving "Europeanized" parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to theresponsibility of member states even if this affects the common market.
Category: Law

How Democratic Is The Constitution

Author : Robert A. Goldwin
ISBN : UOM:39015001572505
Genre : History
File Size : 81.63 MB
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To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Category: History

The Federalist

Author : Alexander Hamilton
ISBN : 0375757864
Genre : History
File Size : 72.58 MB
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The series of essays that comprise The Federalist constitutes one of the key texts of the American Revolution and the democratic system created in the wake of independence. Written in 1787 and 1788 by Alexander Hamilton, James Madison, and John Jay to promote the ratification of the proposed Constitution, these papers stand as perhaps the most eloquent testimonial to democracy that exists. They describe the ideas behind the American system of government: the separation of powers; the organization of Congress; the respective positions of the executive, legislative, and judiciary; and much more. The Federalist remains essential reading for anyone interested in politics and government, and indeed for anyone seeking a foundational statement about democracy and America. This new edition of The Federalist is edited by Robert Scigliano, a professor in the political science department at Boston College. His substantive Introduction sheds clarifying new light on the historical context and meaning of The Federalist. Scigliano also provides a fresh and definitive analysis of the disputed authorship of several sections of this crucial work. From the Hardcover edition.
Category: History

The Decline Of Constitutional Democracy In Indonesia

Author : Herbert Feith
ISBN : 9793780452
Genre : Political Science
File Size : 52.71 MB
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This is an intensive study of Indonesian politics from the attainment of full independence in December 1949 to the proclamation of martial law in March 1957, and President Soekarno's subsequent establishment of "guided democracy". It is intended as a contribution to the ongoing discussion of democracy in the new states of Asia and Africa, of the ways in which Western political institutions are transformed when employed in non-Western social settings, and of the obstacles to be overcome if such institutions are to operate in consonance with the authority systems of new nations and with their solution of economic and administrative problems. Now brought back into print as a member of Equinox Publishing's Classic Indonesia series, The Decline of Constitutional Democracy is considered to be the definitive study of Indonesia in the 1950s and will be of great interest to the growing number of social scientists concerned with the pre-industrial nations and in particular with their efforts to use and adapt Western political institutions. This is a solid and scholarly account, but, writing on the basis of much personal observation, Dr. Feith manages to present his material in such a way that readers with no previous background in the subject will be able to follow the book almost as easily as will specialists. HERBERT FEITH (1930-2001) became familiar with Indonesia during 1951-53 and 1954-56 when he was an English Language Assistant with the Ministry of Information of the Republic of Indonesia. A citizen of Australia, he received an M.A. degree from the University of Melbourne in 1955 and a Ph.D. from Cornell University in 1961. He was a Research Fellow in the Department of Pacific History, Australian National University, from 1960 to 1962 and was Chair of Politics at Monash University from 1968 until 1974.
Category: Political Science

The European Neighbourhood Policy And The Democratic Values Of The Eu

Author : Nariné Ghazaryan
ISBN : 9781782252122
Genre : Law
File Size : 59.28 MB
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This book offers a legal analysis of the European Neighbourhood Policy (the ENP) as it applies to developing relations with the EU's neighbours. It explores the legal aspects of this policy, including ENP competence matters, institutional arrangements and substantive policy issues, using international relations theory as the starting point in defining the EU's role as a political actor. The book focuses on the adequacy of the ENP legal framework for transposing the EU's democratic values and upholding its political image. In this connection, the book also features an analysis of EU democratic values as they are intended to be understood by its neighbours. The relevant legal framework of this policy and its implementation in the states of the South Caucasus (Georgia, Armenia and Azerbaijan) is evaluated, revealing the effects of the ENP in their democratic processes and the shortfalls of the ENP conditionality.
Category: Law

British Government And The Constitution

Author : Colin Turpin
ISBN : 1139465368
Genre : Law
File Size : 89.60 MB
Format : PDF
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The first five editions of this well established book were written by Colin Turpin. This new edition has been prepared jointly by Colin Turpin and Adam Tomkins. This edition sees a major restructuring of the material, as well as a complete updating. New developments such as the Constitutional Reform Act 2005 and recent case law concerning the sovereignty of Parliament, the Human Rights Act, counter-terrorism and protests against the Iraq War, among other matters, are extracted and analysed. While it includes extensive material and commentary on contemporary constitutional reform, Turpin and Tomkins is a book that covers the historical traditions and the continuity of the British constitution as well as the current tide of change. All the chapters contain detailed suggestions for further reading. Designed principally for law students the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law. As such it is essential reading also for politics and government students. Much of the material has been reworked and with its fresh design the book provides a detailed yet accessible account of the British constitution at a fascinating moment in its ongoing development.
Category: Law

The Constitution Of Equality

Author : Thomas Christiano
ISBN : 9780191613913
Genre : Political Science
File Size : 75.54 MB
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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.
Category: Political Science