Democracy and Legal Change

Capa
Cambridge University Press, 9 de abr. de 2007
Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.
 

O que estão dizendo - Escrever uma resenha

Não encontramos nenhuma resenha nos lugares comuns.

Conteúdo

Chapter One
1
account though in this work I focus on mechanisms and
4
law arose and endured independently of anyones will Whereas
5
primarily on the grounds of fallibility an argument that also
7
Yet Benthams discussion in Necessity of an Omnipotent
11
does mean however that we must emphasize the possibility of
19
follow I present a series of historical accounts of the
25
attractive democratic traits that are embodied by and reaffirmed
29
immediately due to religious disputes that emerged in the late
101
substantive reform would not occur until well into the nineteenth
105
were ultimately interested in preserving their own sphere of
111
Chapter Four
115
the ability of the people to modify their constitution was
118
primary value of entrenchment is as a means of bringing
129
few today defend amendment on such grounds Indeed in the
147
Chapter Five
153

Chapter Two
31
propensity to redirect in light of new information and to
43
of law rather than popular sovereignty49 Yet as Josiah Ober
64
commitment to flexibility which could easily have been jettisoned
68
Chapter Three
71
bulwark against tyranny as both Kelsen and later Rawls suggested
158
entrenchment of the second reading and retained the malleability
165
if it involves completely distorting the meaning of entrenched laws
178
Chapter Six
193
Habermas wishes to acknowledge is surely correct18 Our
205

Outras edições - Visualizar todos

Termos e frases comuns

Sobre o autor (2007)

Melissa Schwartzberg is Associate Professor of Political Science at Columbia University, New York. She received a PhD in politics from New York University in 2002 and an AB from Washington University in St Louis in classics and political science in 1996. From 2002 through 2006, she was Assistant Professor of Political Science at the George Washington University, Washington DC. She has published articles on law and political theory in journals including the American Political Science Review and Political Studies.

Informações bibliográficas