Constitutional Culture and Democratic RuleJohn A. Ferejohn, Jack N. Rakove, Jonathan Riley This volume investigates the nature of constitutional democratic government in the United States and elsewhere. The editors introduce a basic conceptual framework which the contributors clarify and develop in eleven essays organized into three separate sections. The first section deals with constitutional founding and the founders' use of cultural symbols and traditions to facilitate acceptance of a new regime. The second discusses alternative constitutional structures and their effects on political outcomes. The third focuses on processes of constitutional change and on why founders might choose to make formal amendments relatively difficult or easy to achieve. The book is distinctive because it provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. These tools are discussed in ways that will be of interest to students and readers in political science, law, history and political philosophy. |
From inside the book
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Page 5
... judge the excesses of their governors . But with Federalists using the Sedition Act to make war on that “ palladium of liberty , " the free press , how could the people get a clear view of that standard - unless the state legislatures ...
... judge the excesses of their governors . But with Federalists using the Sedition Act to make war on that “ palladium of liberty , " the free press , how could the people get a clear view of that standard - unless the state legislatures ...
Page 10
... judges ) to create " ordinary " norms and rules ( including statutes , regulations , and orders ) or to settle the meaning of " constitutional " ones when conflicts arise . This basic idea of a constitutional govern- ment is complex and ...
... judges ) to create " ordinary " norms and rules ( including statutes , regulations , and orders ) or to settle the meaning of " constitutional " ones when conflicts arise . This basic idea of a constitutional govern- ment is complex and ...
Page 15
... judges and other officials , and , less visibly , by the establishment of informal conventions or understandings . In short , we must look to a constitu- tional culture - the practices that a people follow in instituting and ...
... judges and other officials , and , less visibly , by the establishment of informal conventions or understandings . In short , we must look to a constitu- tional culture - the practices that a people follow in instituting and ...
Page 19
... judges from imposing their own views on the constitution . We make no such attribution here . 15 That Ely builds his theory out of Justice Stone's assertion of a judicial role in providing constitutional protections for " discrete and ...
... judges from imposing their own views on the constitution . We make no such attribution here . 15 That Ely builds his theory out of Justice Stone's assertion of a judicial role in providing constitutional protections for " discrete and ...
Page 31
... judges . If the council arrangements had been established , the federal judiciary would not have any legitimate ... judges serving as the mouth of a sovereign legislature.22 In his view , the three branches of Italian government are more ...
... judges . If the council arrangements had been established , the federal judiciary would not have any legitimate ... judges serving as the mouth of a sovereign legislature.22 In his view , the three branches of Italian government are more ...
Contents
Constitutional Problematics circa 1787 | 41 |
Inventing Constitutional Traditions The Poverty of Fatalism | 71 |
The Birth Logic of a Democratic Constitution | 110 |
CONSTITUTIONAL STRUCTURE AND DESIGN | 145 |
Constitutional Democracy as a TwoStage Game | 147 |
Imagining Another Madisonian Republic | 170 |
One and Three Separation of Powers and the Independence of the Judiciary in the Italian Constitution | 205 |
A Political Theory of Federalism | 223 |
CONSTITUTIONAL CHANGE AND STABILITY | 269 |
Designing an Amendment Process | 271 |
Constitutional Theory Transformed | 288 |
Constitutional Economic Transition | 328 |
Institutionalizing Constitutional Interpretation | 361 |
393 | |
399 | |
Other editions - View all
Constitutional Culture and Democratic Rule John A. Ferejohn,Jack N. Rakove,Jonathan Riley Limited preview - 2001 |
Constitutional Culture and Democratic Rule John Ferejohn,Jack N. Rakove,Jonathan Riley No preview available - 2001 |
Common terms and phrases
Ackerman agrarian amendment procedures argued argument Article Articles of Confederation authority Bosnia-Herzegovina Bruce Ackerman Cambridge choice citizens claim Commerce Clause conflict Congress constitutional amendment constitutional change constitutional democracy constitutional interpretation constitutional theory constitutionalism context convention council culture Deal debate decision democratic doctrine Eastern Europe economic effects elected electoral enact establish ethnic nationalism example expectations Federalist framers future historicist important institutions interests issue judges judicial review judiciary justice Law Review legislative legislature liberal liberal democratic limits Madison Madisonian median ment moral national government norms originalist Parliament parliamentary parties Philadelphia Convention popular possible post-Communist postconstitutional preferences president problem proposed provincial question Rakove ratification reason regime republic republican restorationism Senate separation of powers simple majority rule social society sovereignty stitutional strategy structure substantive supermajority Supreme Court tion tional tradition transition U.S. Constitution United University Press veto vote York
References to this book
Rethinking the Rule of Law After Communism Adam Czarnota,Martin Krygier,Wojciech Sadurski No preview available - 2005 |