As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy.
Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.
As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy.
Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.
Описание: The status of the doctrine of parliamentary sovereignty in the contemporary UK constitution is much contested. This book develops an account of the continuing significance of the doctrine.
Название: Writing democracy ISBN: 1782385045 ISBN-13(EAN): 9781782385042 Издательство: Berghahn Рейтинг: Цена: 16988.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers’ negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities – Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.
Автор: Bвli Asli Ь. Название: Constitution Writing, Religion and Democracy ISBN: 110769454X ISBN-13(EAN): 9781107694545 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comparative and conceptual analysis of the role played by constitutions in addressing religious conflicts draws on fourteen different countries in Europe, Africa, Asia and the Middle East in order to explore various approaches taken by constitutional drafters in mitigating tensions over a state`s religious identity.
Автор: Tyulkina Название: Militant Democracy ISBN: 113801642X ISBN-13(EAN): 9781138016422 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.
This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers.
In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Автор: Thornhill, Christopher (university Of Manchester) Название: Democratic crisis and global constitutional law ISBN: 1108791123 ISBN-13(EAN): 9781108791120 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains the current weakness of democratic polities by examining deep paradoxes in constitutional democracy. It argues that democracy is frequently exposed to crisis because the terms in which it is promoted and justified allow anti-democratic movements, typically with a populist emphasis, to take shape and flourish.
Автор: Thornhill Christopher Название: Democratic Crisis and Global Constitutional Law ISBN: 1108496083 ISBN-13(EAN): 9781108496087 Издательство: Cambridge University Press Рейтинг: Цена: 25990.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains the current weakness of democratic polities by examining deep paradoxes in constitutional democracy. It argues that democracy is frequently exposed to crisis because the terms in which it is promoted and justified allow anti-democratic movements, typically with a populist emphasis, to take shape and flourish.
Автор: Crum Название: Learning from the EU Constitutional Treaty ISBN: 1138812897 ISBN-13(EAN): 9781138812895 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The negative results of referenda on the European Union (EU) Constitutional Treaty in France and the Netherlands, and subsequent low-key adoption of the Treaty of Lisbon raise complex questions about the possible democratization of international organisations. This book provides a full analysis of the EU Constitutional Treaty process, grounded in broader political theoretical debates about democratic constitutionalisation and globalization.
As international organizations become permanent systems of governance that directly interfere in individuals' lives, it is not enough to have them legitimated by the consent of governments alone. This book presents an evaluation of the present EU Treaty of Lisbon in comparison with the original EU Constitutional Treaty, and analyses the importance of consent of the people, asking if saving the treaty came at the cost of democracy. Drawing first-hand on the European Convention and the referendum in the Netherlands, this book outlines an original political theory of democratic constitutionalisation beyond the nation-state, and argues that international organizations can be put on democratic foundations, but only by properly engaging national political structures.
Learning from the EU Constitutional Treaty will be of interest to students and scholars of European Union politics, history and policy.
Автор: Gargarella Название: The Legal Foundations of Inequality ISBN: 1107617812 ISBN-13(EAN): 9781107617810 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the influence of opposing constitutional ideals during the `founding period` of constitutionalism in the Americas. Examining a range of countries, including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.
Автор: Mashaw Jerry L. Название: Reasoned Administration and Democratic Legitimacy ISBN: 1108413110 ISBN-13(EAN): 9781108413114 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Modern government is administrative government. This book provides anyone with an interest in politics, law or public administration with a detailed account of how administrative governance works and how administrative law`s emphasis on reason giving protects both respect for individual autonomy, the rule of law, and democratic legitimacy.
Автор: Levy, Ron (australian National University, Australia) Orr, Graeme (university Of Queensland, Australia) Название: Law of deliberative democracy ISBN: 1138481882 ISBN-13(EAN): 9781138481886 Издательство: Taylor&Francis Рейтинг: Цена: 7654.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy - a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals.
Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation's weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
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