Constitutionalism, Universalism and Democracy
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Constitutionalism, Universalism and Democracy A Comparative Analysis by Christian Starck

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Published .
Written in English


  • Comparative,
  • Constitutional,
  • Political Freedom & Security - Civil Rights,
  • Law

Book details:

The Physical Object
Number of Pages355
ID Numbers
Open LibraryOL12914924M
ISBN 10378905917X
ISBN 109783789059179

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Aug 14,  · Generally, the quality of the analysis is high from top scholars in the field. If I have one complaint about this book, it's that it doesn't quite keep its focus. Some of the articles discuss the relationship between democracy and institutions more broadly rather than constitutionalism 5/5(1). / Bruce A. Ackerman -- Precommitment and the paradox of democracy / Stephen Holmes -- American constitutionalism and the paradox of private property / Jennifer Nedelsky -- From liberal constitutionalism to corporate pluralism / Francis Sejersted -- Arguments for constitutional choice / Jon Elster -- Constitutions and democracies / Cass R. SunsteinPages: First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and . Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human by:

Constitutionalism, Rule of Law & Democracy. The idea that “constitutionalism and rule of law” is the foundation of modern states and civilizations has recently become, even more talismanic than that of democracy. Democracy and Constitutionalism in the European Union — Three leading EU scholars debate whether, and if so, by what standards, the European Union has democratic legitimacy. Constitutionalism and American Culture, edited by Sandra F. VanBurkleo, Kermit L. Hall, and Robert J. Kaczorowski — Blurb for book published by the University Press of Kansas, March, Democracy is founded on the primacy of the law and the exercise of human rights. In a democratic State, no one is above the law and all are equal before the law. 8. Peace and economic, social and cultural development are both conditions for and fruits of democracy. In a CONSTITUTIONAL DEMOCRACY the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected. This is the form of democracy practiced in Germany, Israel, Japan, the United States, and other countries.

By illuminating the role of civic actors in creating, contesting, and transforming the Constitution, this richly documented study offers a deeper understanding of American constitutionalism and a more profound perception of democracy by: 5. Jul 05,  · Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy Edition: 1st Edition. Constitutionalism, universalism and democracy: a comparative analysis: the German contributions to the Fifth World Congress of the International Association of Constitutional Law Author: Christian Starck ; International Association of Constitutional Law. Constitutional Democracy To enjoy reasonably effective, but still limited governance, many countries have adopted a mix of constitutionalism and democratic theory. Most so-called democratic systems, such as those of Australia, Austria, Canada, Germany, India, Italy, Japan, Spain and the United States, would be more accurately classified as.