Constitutionalism and DemocracyJon Elster, Rune Slagstad 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. |
Contents
Democracy as a contingent outcome of conflicts | 59 |
reflections | 81 |
Carl Schmitt and | 103 |
Copyright | |
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action American Constitution argued argument authoritarian authority basic binding Bruce Ackerman Carl Schmitt compromise concept of property conflict consequences consequentialist consti constitutionalism constitutionalists corporativism debate decision democratic discussion economic effect elected electoral Elster enabling acts example Federalist forces Framers freedom fundamental gag rules governmental groups guarantee higher law-making Ibid idea important individual institutions interests issue Jefferson Jon Elster judicial review justice Labor Party legislative legitimacy liberal liberal democracy liberty limits Madison means normal politics norms outcomes paradox participation political power positive positive liberty possible power apparatus precommitment preferences present principle private citizen private property problem promise property rights proposal protection Publian question Rechtsstaat reform regime regulation religious representatives revolution revolutionary rule of law Schmitt Sejersted separation of powers slavery social society Storting substantive Supreme Court tension Thagaard theory Tocqueville tradition Treatises of Government tutional University Press values Weber