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The Limits of Constitutional Democracy (University Center for Human Values)

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Synopses & Reviews

Publisher Comments:

"In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."--Harvey Mansfield, Harvard University

"Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits."--Bryan Garsten, Yale University

"In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization."--Mark Tushnet, Harvard Law School

"I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting."--Sanford Levinson, University of Texas Law School

"This unique collection--of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars--looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure."--Donald P. Kommers, Notre Dame Law School

Synopsis:

"In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."--Harvey Mansfield, Harvard University

"Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits."--Bryan Garsten, Yale University

"In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization."--Mark Tushnet, Harvard Law School

"I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting."--Sanford Levinson, University of Texas Law School

"This unique collection--of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars--looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure."--Donald P. Kommers, Notre Dame Law School

Synopsis:

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future.

The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation.

In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

About the Author

Jeffrey K. Tulis teaches political science at the University of Texas, Austin. His books include "The Rhetorical Presidency" (Princeton). Stephen Macedo is the Laurance S. Rockefeller Professor of Politics at Princeton University. His numerous books include "Democracy at Risk".

Table of Contents

P> Introduction. Constitutional Boundaries by Jeffrey K. Tulis and Stephen Macedo 1

Part I: What Is Constitutional Failure? 11

Chapter 1: Constitutional Failure: Ultimately Attitudinal by Sotirios A. Barber 13

Chapter 2: Successful Failures of the American Constitution by James E. Fleming 29

Chapter 3: The Disharmonic Constitution by Gary Jeffrey Jacobsohn 47

Chapter 4: Constitution of Failure The Architectonics of a Well-Founded Constitutional Order by William F. Harris II 66

Part II: How Can Constitutional Democracy Contend with Emergency 89

Chapter 5: "In the Name of National Security" Executive Discretion and Congressional Legislation in the Civil War and World War I by Benjamin A. Kleinerman 91

Chapter 6: The Possibility of Constitutional Statesmanship by Jeffrey K. Tulis 112

Chapter 7: Exceptions That Prove the Rule Embedding Emergency Government in Everyday Constitutional Life by Kim Lane Scheppele 124

Part III: How Can Constitutional Democracy Contend with War? 155

Chapter 8: The Glorious Commander in Chief by Adrian Vermeule 157

Chapter 9: The Relational Conception of War Powers by Mariah Zeisberg 168

Chapter 10: Confronting War Rethinking Jackson's Concurrence in Youngstown v. Sawyer by Joseph M. Bessette 194

Chapter 11: War and Constitutional Change by Mark E. Brandon 217

Part IV: How Can Constitutional Democracy Contend with Globalization 237

Chapter 12: Three Constitutionalist Reponses to Globalization by Jan -Werner Muller 239

Chapter 13: Constitutionalism in a Theocratic World by Ran Hirschl 256

Chapter 14: Constitutional Democracies, Coercion, and Obligations to Include by Rogers M. Smith 280

Chapter 15: Omniviolence, Arms Control, and Limited Government by Daniel Deudney 297

Conclusion: Constitutional Engagement and Its Limits by Christopher L. Eisgruber 317

List of Contributors 329

Index 333

Product Details

ISBN:
9780691147369
Author:
Tulis, Jeffrey K.
Publisher:
Princeton University Press
Editor:
Macedo, Stephen
Author:
Macedo, Stephen
Subject:
Constitutional
Subject:
Political Freedom & Security - General
Subject:
Political Ideologies - Democracy
Subject:
Constitutional history -- United States.
Subject:
Constitutional law -- United States.
Subject:
Political Science and International Relations
Subject:
Law
Subject:
Sociology
Subject:
Law | Constitutional Law
Edition Description:
Trade paper
Series:
University Center for Human Values
Publication Date:
20101114
Binding:
Paperback
Language:
English
Illustrations:
1 line illus.
Pages:
360
Dimensions:
9 x 6 in 18 oz

Related Subjects

History and Social Science » Law » Constitutional Law
History and Social Science » Politics » General

The Limits of Constitutional Democracy (University Center for Human Values) New Trade Paper
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Product details 360 pages Princeton University Press - English 9780691147369 Reviews:
"Synopsis" by , "In the face of emergency, war, and globalization, even the most enduring and successful constitution in history still confronts the possibility of constitutional failure. Focusing on this central theme, the authoritative essays contained in this book offer cogent arguments, a range of subjects, and a genuine diversity of opinion."--Harvey Mansfield, Harvard University

"Provocative and insightful, these essays offer a badly needed tutorial on how to think about the fate of constitutional democracy in the twenty-first century. The volume as a whole demonstrates that the best friends of constitutionalism are those who are unafraid to explore its limits."--Bryan Garsten, Yale University

"In this book, some of our most subtle thinkers about the constitutional order discuss its fundamental aspects. These challenging and provocative essays should lead us to think more deeply about problems of constitutionalism in a twenty-first century world of seemingly permanent war and emergency, executive power, religious conflict, and globalization."--Mark Tushnet, Harvard Law School

"I cannot remember reading another collection of essays that is so strong and compelling. There could hardly be a more important topic than the limits of constitutional democracy in this day and age, and I found every single essay extremely interesting."--Sanford Levinson, University of Texas Law School

"This unique collection--of original, thoughtful, and stimulating essays by many of the country's top constitutional scholars--looks into the nature of constitutional democracy and its capacity to achieve benign ends. The essays provide illuminating and provocative answers and reflect a wide variety of views on the meaning of constitutional success and failure."--Donald P. Kommers, Notre Dame Law School

"Synopsis" by , Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future.

The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation.

In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

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