Democracy and the Canon

Democracy and the Canon
Author: Steffen Guenzel
Publisher:
Total Pages: 544
Release: 2006
Genre:
ISBN:

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Refining the Democracy Canon

Refining the Democracy Canon
Author: Christopher S. Elmendorf
Publisher:
Total Pages: 0
Release: 2020
Genre:
ISBN:

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This Article responds to Professor Rick Hasen's important new work, The Democracy Canon. Hasen identifies an intriguing and until now largely unnoticed practice in many state courts-to wit, the construing of election statutes with a strong thumb-on-the-scales in favor of easing voters' access to the polls and of rendering ballots eligible to be counted. Hasen defends this “pro voter” canon of interpretation and commends it to the federal courts. I argue that Hasen's Canon cannot stand on the normative foundation he has poured for it, and that the federal courts' adoption of the Canon would probably have significant costs (for example, weakened incentives for bipartisan compromise on electoral reform) that Hasen either overlooks or undersells. I propose three alternative “democracy canons,” arguing that each would be more normatively defensible and less politically treacherous than Hasen's Canon. The first, the Effective Accountability Canon, would stand in for the Supreme Court's reluctance to directly enforce the constitutional principle (arguably embodied in the Guarantee Clause, Article I, and the Seventeenth Amendment) that electoral systems should be designed to render elected bodies responsive to the interests and concerns of the normative electorate, i.e., the class of persons entitled to vote. Representative voter participation and aggregate voter competence would be this canon's polestars. A second option, the Carrington Canon, counsels for the narrow construction of voting requirements enacted on a substantially party line vote. It could also negate the normal presumption of deference to administrative agencies - with respect to voting issues - if the agency is headed by a political partisan. The Carrington Canon would function as a means of indirectly enforcing an underenforced constitutional norm against ideological discrimination with respect to the franchise. Third, plausible arguments can be mounted on behalf of what I term the Neutrality Canons, which weigh in favor of statutory interpretations that reduce the fact or appearance of judicial partisanship.

Global Canons in an Age of Contestation

Global Canons in an Age of Contestation
Author:
Publisher: Oxford University Press
Total Pages: 641
Release: 2024-06-26
Genre: Law
ISBN: 0192691031

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Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.

The Danish Democracy Canon

The Danish Democracy Canon
Author:
Publisher:
Total Pages: 99
Release: 2008
Genre:
ISBN: 9788760327032

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Race, Redistricting, and Representation

Race, Redistricting, and Representation
Author: David T. Canon
Publisher: University of Chicago Press
Total Pages: 350
Release: 1999-10
Genre: Political Science
ISBN: 9780226092706

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List of Tables and FiguresPrefaceIntroduction: Race, Redistricting, and Representation in the U.S. House of RepresentativesChapter One: Black Interests, Difference, Commonality, and RepresentationChapter Two: A Legal Primer on Race and RedistrictingChapter Three: The Supply-Side Theory of Racial Redistricting, with Matthew M. Schousen and Patrick J. SellersChapter Four: Race and Representation in the U.S. House of RepresentativesChapter Five: Links to the ConstituencyChapter Six: Black Majority Districts: Failed Experiment or Catalyst for a Politics of Commonality?Appendix A. Data SourcesAppendix B. Procedures for Coding the Newspaper StoriesNotesReferencesIndex Copyright © Libri GmbH. All rights reserved.

Courts and Democracies in Asia

Courts and Democracies in Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 251
Release: 2017-09-28
Genre: Law
ISBN: 1107192625

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This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Past and Present Political Theology

Past and Present Political Theology
Author: Dennis Vanden Auweele
Publisher: Routledge
Total Pages: 247
Release: 2020-04-02
Genre: Religion
ISBN: 1000064816

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This book demonstrates how discussions of Political Theology have been a constant feature throughout philosophical modernity and that they continue to impact contemporary political debates. By tracing the historical roots and detailing the contemporary outworking of Political Theology in Europe, it contends that this growing field requires a broader "canon" in order for it to mature. Political Theology is shown here to be about the diversity of relationships between religious beliefs and political orientations. First engaging with historical debates, chapters re-examine the relationship between personal conviction and societal orientation on such topics as the will to believe, evil, individualism, the relationship between church and state, and the relationship between belief and natural science. The volume then establishes the relevance of these debates for the present day. As such, it invites engagement on the back and forth between religion and politics in a liberal democracy and a communist state, on how communitarianism relates to religious language, on the diversity of Christian and Jewish political theology, and the politics of toleration. By broadening out the field of Political Theology this book offers the reader a more nuanced understanding of its sustained influence on public life. As such it will be of interest to academics working in Political Theology, but also Theology, Philosophy and Political Science more generally.

The Canon of American Legal Thought

The Canon of American Legal Thought
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 936
Release: 2018-06-05
Genre: Law
ISBN: 0691186421

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This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Democratizing Democracy

Democratizing Democracy
Author: Boaventura de Sousa Santos
Publisher: Verso Books
Total Pages: 843
Release: 2020-05-05
Genre: Political Science
ISBN: 178960317X

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The majorconflicts between the Global North and the South can be expected toresult from the confrontation of alternative conceptions of democracy,mainly between liberal or representative democracy and participatorydemocracy. The hegemonic model of democracy, while prevailing on aglobal scale, guarantees no more than low-intensity democracy. Inrecent times, participatory democracy has exhibited a new dynamic,engaging mainly subaltern communities and social groups that fightagainst social exclusion and the suppression of citizenship. In thiscollection of reports from the Global South-India, South Africa,Mozambique, Colombia, and Brazil-De Sousa Santos and his colleaguesshow how, in some cases, the deepening of democracy results from thedevelopment of dual forms of participatory and representativedemocracy, and points to the emergence of transnational networks ofparticipatory democracy initiatives. Such networks pave one of the waysto the reinvention of social emancipation. This is volume 1 of the Reinventing Social Emancipation project, edited by Boaventura de Sousa Santos.

Workshopping the Canon for Democracy and Justice

Workshopping the Canon for Democracy and Justice
Author: Mary E. Styslinger
Publisher: National Council of Teachers of English (Ncte)
Total Pages: 0
Release: 2023-06-20
Genre: Education
ISBN: 9780814100967

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Workshopping the Canon for Democracy and Justice adopts and adapts foundational reading and writing workshop structures for democratic and justice teaching in the context of the middle and secondary classroom and curriculum. Through workshopping, teachers can foster democratic dispositions and skills as they explore justice-oriented units focused around core canonical texts, or teachers may elect to disrupt and displace the canon by teaching a thematically related contemporary text. Critical essential questions interweave texts and bind units. Genres including young adult novels, short stories, informational texts, picture books, music, art, movies, and social media are included in the Appendixes. These diverse resources make current societal/global connections, foster multiple perspectives, prompt critical thinking, and include primary voices. This book, filled with teacher voices, useful models, and helpful ideas, is written to foster agency for change in society, teachers, and students.