Brennan and Democracy

preview-18
  • Brennan and Democracy Book Detail

  • Author : Frank I. Michelman
  • Release Date : 2005-01-17
  • Publisher : Princeton University Press
  • Genre : Law
  • Pages : 161
  • ISBN 13 : 1400823366
  • File Size : 98,98 MB

Brennan and Democracy by Frank I. Michelman PDF Summary

Book Description: In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.

Disclaimer: www.yourbookbest.com does not own Brennan and Democracy books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Brennan and Democracy

Brennan and Democracy

File Size : 59,59 MB
Total View : 7926 Views
DOWNLOAD

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in

Observations on the Pell Proceedings

Observations on the Pell Proceedings

File Size : 12,12 MB
Total View : 5699 Views
DOWNLOAD

Cardinal George Pell pleaded not guilty before a jury to child sexual assault charges in 2018. The public knew little of the proceedings because the trial judge

No Small Change

No Small Change

File Size : 84,84 MB
Total View : 5632 Views
DOWNLOAD

In 1967, Australians voted overwhelmingly in favor of removing from the Constitution two references that discriminated against Aboriginal and Torres Strait Isla

Papers of Frank Brennan

Papers of Frank Brennan

File Size : 79,79 MB
Total View : 724 Views
DOWNLOAD

The Acc09/50 instalment comprises a draft unpublished typescript "The Republican Constitution"; a folder containing another draft publication (title page lackin