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Democracy: Agreement or Acquiescence?

Russell Hardin

in Liberalism, Constitutionalism, and Democracy

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198290841
eISBN:
9780191599415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198290845.003.0004
Subject:
Political Science, Political Theory

We can divide consent theory into two branches: constitutional and post‐constitutional. Popular sovereignty and social contract theories fit largely into the first branch; democracy fits in the ... More


Consent

Christopher K. Ansell

in Pragmatist Democracy: Evolutionary Learning as Public Philosophy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199772438
eISBN:
9780199918997
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199772438.003.0008
Subject:
Political Science, Political Theory

This chapter challenges a “monistic” conception of sovereignty that envisions public action as flowing, in an unbroken chain, from popular sovereignty. This monistic conception imposes strong ... More


What I Have Learned Since the First Edition

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0016
Subject:
Law, Constitutional and Administrative Law

In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and ... More


Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines what it takes to achieve constitutional legitimacy in the absence of consent by focusing on the effort of those who drafted and adopted the Constitution to constrain the fiction ... More


Integration and Democracy: the Big Trade‐off

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0002
Subject:
Political Science, European Union

Democracy is an essential condition of membership in the EU, yet the EU itself is said to suffer from a serious democratic deficit. The paradox is more apparent than real — one cannot safely ... More


“Fresh Trouble”: The House Subcommittee Frames Amendments

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195151169
eISBN:
9780199833917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515116X.003.0018
Subject:
Political Science, Democratization

The last week of July was a critical period for the framing of Japan's postwar Constitution. Ashida Hitoshi appointed 14 Diet members (including Kita Reikichi and Inukai Takeru) to a special ... More


The Fiction of “We the People”: Is the Constitution Binding on Us?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ... More


The Democratic Leader: How Democracy Defines, Empowers and Limits its Leaders

John Kane and Haig Patapan

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199650477
eISBN:
9780191739071
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650477.001.0001
Subject:
Political Science, Comparative Politics, Political Theory

The Democratic Leader argues that leaders occupy a unique place in democracies. The foundational principle of democracy—popular sovereignty—implies that the people must rule. Yet the people can rule ... More


The Constitution of India: Popular Sovereignty and Democratic Transformations

Sarbani Sen

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071600
eISBN:
9780199080045
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071600.001.0001
Subject:
Law, Constitutional and Administrative Law

The relationship between constitutionalism and popular sovereignty in the Indian context is the critical focus of this original work in political theory, jurisprudence, and constitutionalism. This ... More


Popular Sovereignty in Early Modern Constitutional Thought

Daniel Lee

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198745167
eISBN:
9780191806094
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198745167.001.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

Popular sovereignty—the doctrine that the public powers of the state originate in a concessive grant of power from ‘the people’—is perhaps the cardinal doctrine of modern constitutional theory. Its ... More


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