Constitutionalism and Democracy

Constitutionalism and Democracy

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The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
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"This book provides a needed candid eye; it combines theoretical reach and historical perspective; it is at once timely and topical. It will prove valuable to all those who are looking at the problems of democracy anywhere in today's world." Choice "The esays in this volume touch on all fields, are of a high quality, and thus afford a compendious review of the rather high state of the art of constitutional theory." Ethics
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Table of contents

Notes on contributors, Introduction Jon Elster; 1. Gag rules or the politics of omission Stephen Holmes; 2. Democracy as a contingent outcome of conflicts Adam Przeworski; 3. Consequences of constitutional choice: reflections on Tocqueville Jon Elster; 4. Liberal constitutionalism and its critics: Carl Schmitt and Max Weber Rune Slagstad; 5. Democracy and the rule of law: some historical experiences of contradictions in the striving for good government Francis Sejersted; 6. Neo-federalism? Bruce A. Ackerman; 7. Precommitment and the paradox of democracy Stephen Holmes; 8. American constitutionalism and the paradox of private property Jennifer Nedelsky; 9. From liberal constitutionalism to corporate pluralism: the conflict over the enabling acts in Norway after the Second World War and the subsequent constitutional development Francis Sejersted; 10. Arguments of constitutional choice: reflections on the transition to socialism Jon Elster; 11. Constitutions and democracies: an epilogue Cass R. Sunstein; Index.
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