Constitutional democracy : creating and maintaining a just political order
著者
書誌事項
Constitutional democracy : creating and maintaining a just political order
（The Johns Hopkins series in constitutional thought）
Johns Hopkins University Press, 2007
- : pbk
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注記
Includes bibliographical references and indexes
内容説明・目次
- 巻冊次
-
ISBN 9780801884702
内容説明
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.
- 巻冊次
-
: pbk ISBN 9780801891076
内容説明
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.
目次
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
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