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9780801891076 Academic Inspection Copy

Constitutional Democracy

Creating and Maintaining a Just Political Order
  • ISBN-13: 9780801891076
  • Publisher: JOHNS HOPKINS UNIVERSITY PRESS
    Imprint: JOHNS HOPKINS UNIVERSITY PRESS
  • By Walter F. Murphy
  • Price: AUD $102.00
  • Stock: 0 in stock
  • Availability: This book is temporarily out of stock, order will be despatched as soon as fresh stock is received.
  • Local release date: 14/11/2008
  • Format: Paperback 568 pages Weight: 0g
  • Categories: Political science & theory [JPA]
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Winner 2007 Best of the Social Sciences, Association of American Publishers' Professional and Scholarly Publishing Division.Winner American Association of Publishers' Professional and Scholarly Publishing Award in Government and Politics.Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called ''free government.'' In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates—many of whose arguments track those of real-life political, economic, and legal theorists—as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.

PrefaceGeneral InformationI. Creating a Constitutional DemocracyIntroduction1. Values, Interests, and Goals2. Alternative Political Systems3. Alternative Political Systems: The Debate4. The Possibility of Constitutional Democracy5. To Draft or Not to Draft a Constitutional Text6. Drafting 1: The Shape of the Constitution7. Drafting 2: The Judiciary8. Drafting 3: A Bill of Rights9. Drafting 4: Special CasesEpilogueII. Maintaining a Constitutional DemocracyIntroduction10. Creating Citizens11. Military and Security Forces12. Rebuilding the Machinery of the State: The Bureaucracies13. Dealing with Deposed Despots14. Constitutional Interpretation as Constitutional Maintenance15. Constitutional Change and Its LimitsEpilogueRepriseGeneral IndexIndex of Cases

""In this magnum opus, Walter Murphy tells [the] story with all the erudition and skill that he has gathered in a lifetime of the study of political systems.""

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