Описание: Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era.
By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states—Massachusetts, Virginia, Michigan, and Oregon—Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties.
By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions.
By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.
Описание: What was the role of elected legislators? Was it to represent the opinions of constituents or to vote according to their informed opinions reflecting the needs of the kingdom? Most authorities have accepted Edmund Burke’s depiction of 18th-century MPs, insisting it was their right to form their opinions without reference to the instructions of constituents. This study provides answers to these important questions and, in doing so, reveals that Burke’s vision does not represent how the House of Commons functioned during the last two decades of the 18th century. Rather than focusing on specific issues or demographic groups, English MPs brings to the fore the legislative activity of a broad segment of late 18th-century English MPs. This book shows they were diligent legislators who attended to the needs of constituents, in the process developing strong connections with them. It demonstrates that these connections did not rest on shared beliefs in reformist ideologies except in, and around, the metropolis. Instead, they grew out of the members’ timely and effective tending, session after session, to the host of measures brought forward by constituents and neighbours. McCahill explores, in fascinating detail, the consequences of this bond. In this book, McCahill draws from an impressive array of primary sources and secondary literature to combine a structural analysis with broad surveys and detailed case-studies. The result is an illuminating and a comprehensive account of the House of Commons between 1760 and 1790.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
