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Political Legitimacy
Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from p...
Framing the Solid South
The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states th...
Comparative Constitutional Theory
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Constitutional Ratification without Reason
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, ...
The Constitution of Western Australia
This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
The Dispersion of Power
The Dispersion of Power is an urgent call to rethink centuries of conventional wisdom about what democracy is, why it matters, and how to make it better. Drawing from history, social science, psychology, and critical theory, it explains why elections do not and cannot realize the classic ideal of popular rule, and why prevailing strategies of democratic reform often make things worse. Instead, Bagg argues, we should see democracy as a way of protectingpublic power from capture-an alternative vision that is at once more realistic and more inspiring.Despite their many shortcomings, real-world elections do prevent the most extreme forms oftyranny, and are therefore indispensable. In dealing wit...
Politics for Profit
Businesspeople run for office to protect their firms' interests against competitors and shape government to work for the business community.
Active and Passive Citizens
A powerful case for why majority rule—not representation—is the defining feature of democratic politics The idea that democratic governance rests on active self-rule by citizens plays surprisingly little part in current theories of democracy, which instead stress the importance of representation by elected, appointed, or randomly selected bodies such as legislatures, courts, and juries. This would have astonished eighteenth-century theorists of democracy, who viewed universal suffrage and majoritarian voting as the sole criteria for democratic politics. Active and Passive Citizens defends the view of these earlier thinkers, asserting that individual agency is the very essence of democrac...
Democratic Deals
Two leading scholars of democracy make the case for political bargaining and define its proper limits. Bargains—grand and prosaic—are a central fact of political life. The distribution of bargaining power affects the design of constitutions, the construction of party coalitions, legislative outcomes, judicial opinions, and much more. But can political bargaining be justified in theory? If it inevitably involves asymmetric power, is it anything more than the exercise of sublimated force, emerging from and reifying inequalities? In Democratic Deals, Melissa Schwartzberg and Jack Knight defend bargaining against those who champion deliberation or compromise, showing that, under the right co...
Beyond the Asylum
This book is a must-read for any specialist in the history of colonial and post-colonial psychiatry, as well as a fantastic case study for those interested in the social history of European colonialism more generally.― Choice Claire Edington's fascinating look at psychiatric care in French colonial Vietnam challenges our notion of the colonial asylum as a closed setting, run by experts with unchallenged authority, from which patients rarely left. She shows instead a society in which Vietnamese communities and families actively participated in psychiatric decision-making in ways that strengthened the power of the colonial state, even as they also forced French experts to engage with local u...
