Democracy By Decree

Author : Ross Sandler
Publisher : Yale University Press
ISBN 13 : 9780300103144
Total Pages : 292 pages
Book Rating : 4.4X/5 ( download)

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Download or read book Democracy by Decree written by Ross Sandler and published by Yale University Press. This book was released on 2004-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are actually controlled by attorneys and judges rather than governors and mayors. In this valuable book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected—and accountable—officials. Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary policy making through court decrees. These court regimes, they assert, impose rigid and often ancient detailed plans that can founder on reality. Newly elected officials, who may wish to alter the plans in response to the changing wishes of voters, cannot do so unless attorneys, court-appointed functionaries, and lower-echelon officials agree. The result is neither judicial government nor good government, say Sandler and Schoenbrod, and they offer practical reforms that would set governments free from this judicial stranglehold, allow courts to do their legitimate job of protecting rights, and strengthen democracy.

Author : Valeria Palanza
Publisher : Cambridge University Press
ISBN 13 : 1108682952
Total Pages : 267 pages
Book Rating : 4.54/5 ( download)

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Download or read book Checking Presidential Power written by Valeria Palanza and published by Cambridge University Press. This book was released on 2019-01-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

Author : Edwin Carawan
Publisher : JHU Press
ISBN 13 : 1421439506
Total Pages : 323 pages
Book Rating : 4.01/5 ( download)

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Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

Author : Adis Merdzanovic
Publisher : Columbia University Press
ISBN 13 : 3838267923
Total Pages : 432 pages
Book Rating : 4.20/5 ( download)

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Download or read book Democracy by Decree written by Adis Merdzanovic and published by Columbia University Press. This book was released on 2015-08-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The introduction of consociational power sharing as a post-war political system has become one of the international community's preferred post-conflict devices. In situations where warring polities are internally divided by ethnic, religious, linguistic, or national identity, consociationalism guarantees the inclusion of all groups in the political process and prevents a ‘tyranny' of the majority over one or more minorities. However, if international actors keep intervening in the political process, the advantages of consociationalism are turned upside down.In this exceptional book, Adis Merdzanovic develops a theoretical and empirical approach to understanding consociational democracies that include external intervention. Using the case of Bosnia and Herzegovina, where the consociational Dayton Peace Agreement ended the three-year war between Serbs, Croats, and Bosniaks twenty years ago, it elaborates on the different approaches used in the past and gives practical recommendations for future state-building exercises by the international community.

Author : Raphael Sealey
Publisher : Penn State Press
ISBN 13 : 027107292X
Total Pages : 193 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Athenian Republic written by Raphael Sealey and published by Penn State Press. This book was released on 1990-09-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces continuity in the development of the Athenian constitution, whereas previous studies have usually looked for catastrophic changes. Sealey selects three features of Athenian law which are important for the structure of society and the location of authority: (1) the legal status, and to a lesser extent the socioeconomic condition, of the different kinds of inhabitants of Attica; (2) the distinction, recognized in the fourth century, between "laws" and "decrees," analyzing what the Athians understood by "law"; and (3) the development of the Athenian courts. At an early stage the Athenians conceived the ideal of the rule of law and adhered to it continuously. They did so by means of a static concept of law and maintenance of an independent judiciary. The book is designed to be of importance not only for specialists in classical studies but for general historians, political scientists, and those concerned with the history of law. The book is within the reach of an advanced undergraduate and graduate audience.

Author : András Sajó
Publisher : Eleven International Publishing
ISBN 13 : 9077596046
Total Pages : 271 pages
Book Rating : 4.43/5 ( download)

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Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.14/5 ( download)

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Download or read book Federal Consent Decree Fairness Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2005 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher : Cambridge University Press
ISBN 13 : 9781107184985
Total Pages : 0 pages
Book Rating : 4.83/5 ( download)

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Download or read book Decrees of Fourth-Century Athens (403/2-322/1 BC): Volume 1, The Literary Evidence written by and published by Cambridge University Press. This book was released on 2020-03-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decree-making is a defining aspect of ancient Greek political activity: it was the means by which city-state communities went about deciding to get things done. This two-volume work provides a new view of the decree as an institution within the framework of fourth-century Athenian democratic political activity. Volume 1 consists of a comprehensive account of the literary evidence for decrees of the fourth-century Athenian assembly. Volume 2 analyses how decrees and decree-making, by offering both an authoritative source for the narrative of the history of the Athenian demos and a legitimate route for political self-promotion, came to play an important role in shaping Athenian democratic politics. Peter Liddel assesses ideas about, and the reality of, the dissemination of knowledge of decrees among both Athenians and non-Athenians and explains how they became significant to the wider image and legacy of the Athenians.

Author : David Schoenbrod
Publisher : Yale University Press
ISBN 13 : 0300159595
Total Pages : 374 pages
Book Rating : 4.92/5 ( download)

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Download or read book Power Without Responsibility written by David Schoenbrod and published by Yale University Press. This book was released on 2008-10-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Author : Benjamin Carter Hett
Publisher : Henry Holt and Company
ISBN 13 : 1250162513
Total Pages : 304 pages
Book Rating : 4.19/5 ( download)

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Download or read book The Death of Democracy written by Benjamin Carter Hett and published by Henry Holt and Company. This book was released on 2018-04-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A riveting account of how the Nazi Party came to power and how the failures of the Weimar Republic and the shortsightedness of German politicians allowed it to happen. Why did democracy fall apart so quickly and completely in Germany in the 1930s? How did a democratic government allow Adolf Hitler to seize power? In The Death of Democracy, Benjamin Carter Hett answers these questions, and the story he tells has disturbing resonances for our own time. To say that Hitler was elected is too simple. He would never have come to power if Germany’s leading politicians had not responded to a spate of populist insurgencies by trying to co-opt him, a strategy that backed them into a corner from which the only way out was to bring the Nazis in. Hett lays bare the misguided confidence of conservative politicians who believed that Hitler and his followers would willingly support them, not recognizing that their efforts to use the Nazis actually played into Hitler’s hands. They had willingly given him the tools to turn Germany into a vicious dictatorship. Benjamin Carter Hett is a leading scholar of twentieth-century Germany and a gifted storyteller whose portraits of these feckless politicians show how fragile democracy can be when those in power do not respect it. He offers a powerful lesson for today, when democracy once again finds itself embattled and the siren song of strongmen sounds ever louder.