Image from Coce

Democracy and legal change / Melissa Schwartzberg.

By: Material type: TextTextSeries: Cambridge studies in the theory of democracyPublisher: New York : Cambridge University Press, 2009Description: xii, 228 pages ; 23 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 0521146577
  • 9780521146579
Subject(s): DDC classification:
  • 340.3 22
Contents:
1. Introduction: explaining legal change and entrenchment -- 2. Innovation and democracy: legal change in ancient Athens -- 3. Law reform in seventeenth-century England -- 4. Fallibility and foundations in the American constitution -- 5. Protecting democracy and dignity in post-war Germany -- 6. Conclusion: defending democracy against entrenchment.
Summary: "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. "--Publisher's website.
Tags from this library: No tags from this library for this title. Log in to add tags.

Originally published: 2007.

Includes bibliographical references and index.

1. Introduction: explaining legal change and entrenchment -- 2. Innovation and democracy: legal change in ancient Athens -- 3. Law reform in seventeenth-century England -- 4. Fallibility and foundations in the American constitution -- 5. Protecting democracy and dignity in post-war Germany -- 6. Conclusion: defending democracy against entrenchment.

"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. "--Publisher's website.

Machine converted from AACR2 source record.

There are no comments on this title.

to post a comment.

Powered by Koha