Constitutionalism and Democracy

Constitutionalism and Democracy

Campbell, Professor Tom D.; Bellamy, Professor Richard

Taylor & Francis Ltd

04/2006

621

Dura

Inglês

9780754624684

15 a 20 dias

Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. These differences are reflected in the different types of constitutional democracy found in the US, Britain and many commonwealth countries. This book explores these issues from the perspectives of law, philosophy and political science.
Contents: Series preface; Introduction; Part I Constitutional Democracy: Substantive Views: Constitutionalism and democracy, Ronald Dworkin; Equality, democracy, and constitution: we, the people, in court, Ronald Dworkin; The idea of public reason revisited, John Rawls; A rights-based critique of constitutional rights, Jeremy Waldron; A philosophical argument for a Bill of Rights, Cecile Fabre; Decision-making in a democracy: the Supreme Court as national policy-maker, Robert A. Dahl. Part II Constituting Democracy: Procedural Views: Toward a representation-reinforcing mode of judicial review, John Hart Ely; Darkness on the edge of town: the contributions of John Hart Ely to constitutional theory, Mark Tushnet; The puzzling persistence of process-based constitutional theories, Laurence H. Tribe. Part III Constitutionalist Democracy: Reconciling Substance and Procedures: What was wrong with Dred Scott, what's right about Brown, Robert A. Burt; On the internal relation between the rule of law and democracy, JA1/4rgen Habermas; 3 normative models of democracy, JA1/4rgen Habermas; Democracy and positive liberty, Frank Michelman.Part IV Constitutive Democracy: Populist Constitutionalism: The Storrs Lectures: discovering the constitution, Bruce A. Ackermann; Constitutional powermaking for the new polity: some deliberations between constituent power and the constitution, Ulrich K. Preuss; The normality of constitutional politics: an analysis of the drafting of the EU charter of fundamental rights, Richard Bellamy and Justus SchAnlau. Part V Constitutional Democracy: Beyond the Nation State: The unfreedom of the moderns in comparison to their ideals of constitutional democracy, James Tully; Economic globalization and the rule of law, William E. Scheuerman;Republican cosmopolitanism, James Bohman; Does Europe need a constitution?, Dieter Grimm; Remarks on Dieter Grimm's 'Does Europe need a constitution?', JA1/4rgen Habermas; Why Europe needs a constitution, JA1/4rgen Habermas; In defence of the status quo: Europe's constitutional sonderweg, J.H.H. Weiler; Sovereignty, post-sovereignty and pre-sovereignty: 3 models of the state, democracy and rights within the EU, Richard Bellamy; Name index;Index.
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