Constitutionalism and democracy

by Bellamy, Richard, (Richard Paul)

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Title Statements

Full title :Constitutionalism and democracy / edited by Richard Bellamy.

Summary

"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 itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism."--Provided by publisher

Edition Statements

Publication Date:2006.

Publication Statements

Publisher(s):Ashgate
Place of Publication:Aldershot, Hants, England
Language:eng
Publication Date:2006.

The Physical Object

Description:1 online resource (xlviii, 573 pages)

Edition Identifiers

oclc:ocn759783805
LC Classification:K3165
Dewey Decimal:342

Part PART I: CONSTITUTIONAL DEMOCRACY: SUBSTANTIVE VIEWS -- chapter 1 Constitutionalism and Democracy -- chapter 2 Equality, Democracy, and Constitution: We the People in Court -- chapter 3 The Idea of Public Reason Revisited -- chapter 4 A Right-Based Critique of Constitutional Rights -- chapter 5 A Philosophical Argument for a Bill of Rights -- chapter 6 Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker -- part PART II: CONSTITUTING DEMOCRACY: PROCEDURAL VIEWS -- chapter 7 Toward a Representation-Reinforcing Mode of Judicial Review -- chapter 8 Darkness on the Edge of Town: The Contributions of John Hart Ely to Constitutional Theory -- chapter 9 The Puzzling Persistence of Process-Based Constitutional Theories -- part PART III: CONSTITUTIONALIST DEMOCRACY: RECONCILING SUBSTANCE AND PROCEDURES -- chapter 10 What was Wrong with Dred Scott, What's Right about Brown -- chapter 11 On the Internal Relation between the Rule of Law and Democracy -- chapter 12 Three Normative Models of Democracy -- chapter 13 Democracy and Positive Liberty -- part PART IV: CONSTITUTIVE DEMOCRACY: POPULIST CONSTITUTIONALISM -- chapter 14 The Storrs Lectures: Discovering the Cons…