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
Results 1-5 of 56
Page 1
... justice alike should encourage constitution makers to transcend the particular interests they represent . If they cannot be expected to step behind a Rawlsian veil of ignorance , where they will be uninformed of the social position they ...
... justice alike should encourage constitution makers to transcend the particular interests they represent . If they cannot be expected to step behind a Rawlsian veil of ignorance , where they will be uninformed of the social position they ...
Page 19
... justice , by reading the text in light of a particular conception of justice , which he does not take to be already commonly understood or widely accepted . This underlying conception of justice must " fit " with the received ...
... justice , by reading the text in light of a particular conception of justice , which he does not take to be already commonly understood or widely accepted . This underlying conception of justice must " fit " with the received ...
Page 24
... justice and parliamentary rival , Edward Coke , as to the nature of the " ancient " English Constitution ( and as to whether subsequent events had compromised it ) . Constitutions , in every place they exist , simultaneously create and ...
... justice and parliamentary rival , Edward Coke , as to the nature of the " ancient " English Constitution ( and as to whether subsequent events had compromised it ) . Constitutions , in every place they exist , simultaneously create and ...
Page 25
... justice to individuals and minority groups , even in the face of momen- tary political passions pointing in another direction , thereby ensuring their allegiance to the state where it would otherwise be uncertain . In this way , a ...
... justice to individuals and minority groups , even in the face of momen- tary political passions pointing in another direction , thereby ensuring their allegiance to the state where it would otherwise be uncertain . In this way , a ...
Page 29
... justice - seeking quality of our constitutional institutions . " Against the idea that a simple majority has a general right to amend a demo- cratic constitution by extraconstitutional means , he defends the rather Lockean idea that the ...
... justice - seeking quality of our constitutional institutions . " Against the idea that a simple majority has a general right to amend a demo- cratic constitution by extraconstitutional means , he defends the rather Lockean idea that the ...
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 |