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Mechanisms of Democracy: Institutional Design Writ Small

Adrian Vermeule

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333466
eISBN:
9780199855384
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333466.001.0001
Subject:
Law, Constitutional and Administrative Law

What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this ... More


Democracy and Participation

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

The democratic legitimacy of the state is commonly given as a factor for the margin of appreciation. This is explained by applying debates from domestic constitutional theory about the legitimacy of ... More


Cooperative Democracy and Public Discourse: The Flawed Free Speech Theories of Robert Post and Alexander Meiklejohn

Martin H. Redish

in The Adversary First Amendment: Free Expression and the Foundations of American Democracy

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804772150
eISBN:
9780804786348
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772150.003.0003
Subject:
Law, Constitutional and Administrative Law

Cooperative Democracy and Public Discourse: The Flawed Free Speech Theories of Robert Post and Alexander Meiklejohn Chapter abstract: This chapter contrasts the theory of adversary democracy with the ... More


Political Equality and Majority Rule

Wojciech Sadurski

in Equality and Legitimacy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545179
eISBN:
9780191719905
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545179.003.0002
Subject:
Law, Philosophy of Law

This chapter claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The ... More


Law's Legitimacy and Democracy

Wojciech Sadurski

in Equality and Legitimacy

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545179
eISBN:
9780191719905
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545179.003.0001
Subject:
Law, Philosophy of Law

This chapter prepares the ground for the discussion of legitimacy of democratic laws by considering the relationship between law's legitimacy, its justification, and the obligation to obey the law. ... More


Introduction: A Government of Laws

Christopher J. Peters

in A Matter of Dispute: Morality, Democracy, and Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195387223
eISBN:
9780199894338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387223.003.0002
Subject:
Law, Philosophy of Law

This introductory chapter develops the book's central problem—the problem of legal authority—and outlines the book's arguments in response to it. It introduces the apparent tension between morality ... More


The British Constitution and Military Action

Nigel D. White

in Democracy goes to War: British Military Deployments under International Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199218592
eISBN:
9780191705595
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218592.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses on the British constitution and considers the origins and application of prerogative powers in decisions to deploy British forces to conflict and post-conflict zones. The roles ... More


Adversary Democracy and American Political Theory

Martin H. Redish

in The Adversary First Amendment: Free Expression and the Foundations of American Democracy

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804772150
eISBN:
9780804786348
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772150.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains the centrality of controlled and ordered conflict to American democracy, as both normative and descriptive matters. It explores the fallacies in the various versions of the ... More


Participation in Constitutional Referendums

Stephen Tierney

in Constitutional Referendums: The Theory and Practice of Republican Deliberation

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592791
eISBN:
9780191741067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592791.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter returns in detail to the question of how it might be possible to facilitate deliberation in constitutional referendums by engaging direct citizen participation actively and meaningfully. ... More


Democratic Limits to Preventive Criminal Law

Peter Ramsay

in Prevention and the Limits of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656769
eISBN:
9780191748073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656769.003.0012
Subject:
Law, Criminal Law and Criminology

This chapter makes a tentative sketch of a democratic theory of the limits of criminal law by setting out critical aspects of truly democratic government and suggesting why pre-inchoate criminal ... More


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