Constitutional Democracy

Creating and Maintaining a Just Political Order
Erscheinungsjahr 2008
ISBN: 978-0-8018-9107-6
Verlag: Johns Hopkins University Press

Buch, Englisch, 568 Seiten, Format (B × H): 150 mm x 226 mm, Gewicht: 748 g

Reihe: The Johns Hopkins Series in Constitutional Thought

Winner, 2007 Best of the Social Sciences, Professional and Scholarly Publishing Division of the Association of American Publishers

Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called "free government." In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances?

Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates—many of whose arguments track those of real-life political, economic, and legal theorists—as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.

Autoren/Hrsg.

Murphy, Walter F

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Systeme Staats- und Regierungsformen, Staatslehre
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht

Inhaltsverzeichnis

Preface
General Information
I. Creating a Constitutional Democracy
Introduction
1. Values, Interests, and Goals
2. Alternative Political Systems
3. Alternative Political Systems: The Debate
4. The Possibility of Constitutional Democracy
5. To Draft or Not to Draft a Constitutional Text
6. Drafting 1: The Shape of the Constitution
7. Drafting 2: The Judiciary
8. Drafting 3: A Bill of Rights
9. Drafting 4: Special Cases
Epilogue
II. Maintaining a Constitutional Democracy
Introduction
10. Creating Citizens
11. Military and Security Forces
12. Rebuilding the Machinery of the State: The Bureaucracies
13. Dealing with Deposed Despots
14. Constitutional Interpretation as Constitutional Maintenance
15. Constitutional Change and Its Limits
Epilogue
Reprise
General Index
Index of Cases

Über Autor(innen)

Murphy, Walter F
Walter F. Murphy (1929-2010) was the McCormick Professor of Jurisprudence Emeritus at Princeton University and a recipient of the Lifetime Achievement Award of the Law and Courts Section of the American Political Science Association. He was the author of numerous scholarly books, articles, and textbooks, as well as several novels, including Vicar of Christ.

Walter F. Murphy (1929-2010) was the McCormick Professor of Jurisprudence Emeritus at Princeton University and a recipient of the Lifetime Achievement Award of the Law and Courts Section of the American Political Science Association. He was the author of numerous scholarly books, articles, and textbooks, as well as several novels, including Vicar of Christ.