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  • Constitutional and Administrative Law x
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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


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


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


Transition to Pluralist Democracy

in Free Expression and Democracy in America: A History

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226240664
eISBN:
9780226240749
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226240749.003.0009
Subject:
Law, Constitutional and Administrative Law

During World War I, the national government consolidated power to an unprecedented degree due to the needs of modern warfare and in accordance with prewar Progressive demands for centralization. But ... More


Introduction: The First Amendment and American Democracy

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/9780804772150.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the goals and purposes of the book. It explains that while democratic theory and free expression have often been intertwined by scholars, the version of democratic theory most ... More


Elite Control and the Referendum Process

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/9780199592791.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter begins to assess in detail the main criticisms of the referendum set out in Chapter 2. The first issue is control. A common trope in contemporary democratic theory is that referendums ... More


Law and the Limits of Reason

Adrian Vermeule

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.001.0001
Subject:
Law, Constitutional and Administrative Law

Human reason is limited. Given the scarcity of reason, how should the power to make constitutional law be allocated among legislatures, courts and the executive, and how should legal institutions be ... More


Fundamental RightsTheory and Interpretation [1974]

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0015
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter provides an introduction to five different theoretical approaches of interpreting fundamental rights: the liberal (civic-Rechtsstaat) theory, the institutional theory, the value theory, ... More


Concluding Remarks

Conrado Hübner Mendes

in Constitutional Courts and Deliberative Democracy

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199670451
eISBN:
9780191749636
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670451.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter presents some final thoughts. The book highlights the role of political deliberation in general, then specifies it to collegiate adjudication, further qualifies it in constitutional ... More


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