Constitutional Democracy: Creating and Maintaining a Just Political OrderJHU Press, 2007 - 547 pages 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. |
Contents
Values Interests and Goals | 34 |
Alternative Political Systems | 66 |
Alternative Political Systems The Debate | 106 |
The Possibility of Constitutional Democracy | 145 |
To Draft or Not to Draft a Constitutional Text | 183 |
Drafting 1 The Shape of the Constitution | 204 |
Drafting 2 The Judiciary | 239 |
Drafting 3 A Bill of Rights | 274 |
Creating Citizens | 340 |
Military and Security Forces | 376 |
Rebuilding the Machinery of the State The Bureaucracies | 396 |
Dealing with Deposed Despots | 423 |
Constitutional Interpretation as Constitutional Maintenance | 458 |
Constitutional Change and Its Limits | 495 |
Epilogue | 528 |
Reprise | 531 |
Drafting 4 Special Cases | 305 |
Epilogue | 322 |
Introduction | 329 |
General Index | 535 |
542 | |
Other editions - View all
Constitutional Democracy: Creating and Maintaining a Just Political Order Walter F. Murphy No preview available - 2008 |
Common terms and phrases
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