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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


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


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


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


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 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 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

Richard S. Katz

in Democracy and Elections

Published in print:
1997
Published Online:
October 2011
ISBN:
9780195044294
eISBN:
9780199854752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195044294.003.0003
Subject:
Political Science, Comparative Politics

This chapter examines the concept of popular sovereignty and what exactly it means for the people to rule in relation to democracy and elections. One definition of popular sovereignty takes ruling as ... More


Accountability and Democracy: The Pitfalls and Promise of Popular Control

Craig T. Borowiak

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199778256
eISBN:
9780199919086
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199778256.001.0001
Subject:
Political Science, Political Theory, International Relations and Politics

Situated at the intersection of democratic theory and international studies, Accountability and Democracy provides an in-depth critical analysis of the concept “democratic accountability.” The book ... More


The Right of the People to a Democratic State: Reflections on a Passage in Althusius

Nicholas Wolterstorff and Terence Cuneo

in Understanding Liberal Democracy: Essays in Political Philosophy

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199558957
eISBN:
9780191744808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199558957.003.0010
Subject:
Philosophy, Political Philosophy, Philosophy of Religion

Nowadays the doctrine of popular sovereignty is usually ignored. If it is taken note of and understood, it is usually rejected, either because its implicit ontology is unacceptable to those of a ... More


Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

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/9780691159737.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ... More


Constitutional Interpretation: An Originalism for Nonoriginalists

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/9780691159737.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the Constitution must be interpreted according to its original meaning. This method of interpretation is commonly known as “originalism,” which is often seen as following ... More


Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ... More


The Referendum Challenge to Constitutional Sovereignty

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/9780199592791.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter considers a situation where the very constitutionality of holding a referendum is itself in question. It explores how at the heart of a number of disputes has been the claim that a ... More


The Eleventh Amendment as a Retained Right of the People

Kurt T. Lash

in The Lost History of the Ninth Amendment

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195372618
eISBN:
9780199871742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372618.003.05
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Eleventh Amendment. The amendment represented the first act of popular sovereignty under the new Constitution, and it demanded that federal courts respect the rule of ... More


. Legal Continuity or Disguised Revolution?

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a detailed discussion of the attempts by constitutional commentators in Australia, Canada, and New Zealand to explain the fundamental changes that occurred in 1982 and 1986. ... More


Life in a Republic: The Lessons of Theology

Susan James

in Spinoza on Philosophy, Religion, and Politics: The Theologico-Political Treatise

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199698127
eISBN:
9780191740558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698127.003.0012
Subject:
Philosophy, History of Philosophy, Political Philosophy

Working out how to devise a balance of power that will uphold liberty and security is the central task of politics; but modern republics can learn how to do this by turning to historical examples, ... More


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