Democracy and the Rule of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy and the Rule of Law write by Adam Przeworski. This book was released on 2003-07-21. Democracy and the Rule of Law available in PDF, EPUB and Kindle. 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.
Democracy and Lawlessness
Democracy and Lawlessness - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy and Lawlessness write by Hans Petter Graver. This book was released on . Democracy and Lawlessness available in PDF, EPUB and Kindle.
Militant Democracy
Militant Democracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Militant Democracy write by András Sajó. This book was released on 2004. Militant Democracy available in PDF, EPUB and Kindle. This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Lawless
Lawless - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Lawless write by Nicolas P. Suzor. This book was released on 2019-07-18. Lawless available in PDF, EPUB and Kindle. Because social media and technology companies rule the Internet, only a digital constitution can protect our rights online.
Democracy and Distrust
Democracy and Distrust - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy and Distrust write by John Hart Ely. This book was released on 1981-08-15. Democracy and Distrust available in PDF, EPUB and Kindle. 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.
