Democracy By Decree

Author: Ross Sandler
Publisher: Yale University Press
ISBN: 9780300103144
Size: 75.12 MB
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This valuable book explains why schools, welfare agencies, and other important state and local institutions have come to be controlled by attorneys and judges rather than by governors and mayors. The authors discuss why this has resulted in worse service to the public and what can be done to restore control of these programs to elected—and accountable—officials. “A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons—sometimes for decades—instead of enforcing rights, which is their proper domain.”—Diane Ravitch, New York University “A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers.”—Ross Weiner, Legal Times “This book shows how well-meaning efforts to fix society’s problems often fail because the judiciary is badly equipped to enforce such changes.”—Jonathan Shapiro, Washington Post “An elegant volume.”—Harvard Law Review

Democracy And Crisis

Author: Wolfgang Merkel
Publisher: Springer
ISBN: 3319725599
Size: 50.96 MB
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In light of the public and scholarly debates on the challenges and problems of established democracies, such as a lack of participation, declining confidence in political elites, and the deteriorating capabilities of democratic institutions, this volume discusses the question whether democracy as such is in crisis. On the basis of the shared concept of embedded democracy, it develops a range of conceptual approaches to empirically analyzing the challenges of democracy and their potential transformation into crisis phenomena. The book is divided into three parts, the first of which highlights various aspects of political participation, such as political inequality in voting. In turn, Part II focuses on problems of political representation, while Part III assesses whether processes such as globalization, deregulation, and the withdrawal of the state from important policy areas have limited the political control and legitimacy of democratically elected governments.

The Politics And Law Of Democratic Transition

Author: Sonia Zaman Khan
Publisher: Routledge
ISBN: 1351860240
Size: 17.73 MB
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Peaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.

Litigating In America

Author: Stephen Subrin
Publisher: Aspen Publishers Online
ISBN: 0735552665
Size: 70.61 MB
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Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

Conservatism Redefined

Author: Patrick Garry
Publisher: Encounter Books
ISBN: 1594034567
Size: 11.10 MB
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After reaching high levels of public popularity in the 1980s and 1990s, political conservatism has become beset with criticism and disillusionment. As demonstrated by the 2008 election results, political conservatism has been blamed for an unpopular Iraq war, an economy nose diving into recession, and a barrage of high profile instances of corporate misbehavior. This crisis in the ideological identity of and public confidence in conservatism is partly due to conservatism itself. Contrary to the intellectual vibrancy that characterized the 1980s and 1990s, political conservatism in recent years has become complacent and dormant. It has been more focused on simply protecting political power than on reexamining its philosophical principles and policy prescriptions. Because of this failure to continually reexamine, conservatives have allowed their ideology to slip back into various ruts caused by certain historical deviations from the conservative creed. These deviations, beginning in the early twentieth century, mischaracterized conservatism as a special-interest defender of the wealthy and corporate class. The deviations also allowed conservatism to be miscast as a political creed that advocates aggressive U.S. intervention in the affairs of foreign nations. Perhaps because of all its successes, as well as the political influence it has been able to achieve, political conservatism in America has somewhat lost its foundational bearings. Its basic principles and ideological identity have been lost amidst the various political maneuverings and issues associated with partisan politics. Consequently, conservatives need to get their ideology back to a firm foundational setting, so as to allow it to once again provide a strong beacon of guidance to American society. In this book, Patrick Garry attempts to provide a clear definition and ideological identity to conservatism—an identity that not only connects conservatism to the past, but allows it to position itself for the challenges of the future. With a concise simplicity, Garry provides a definition of conservatism that relies on two fundamental propositions. Garry also argues that the focus of conservatism needs to be redirected toward the interests of the poor and disadvantaged. As Garry argues, it is conservatism and not liberalism that offers the best hope for the poor and disadvantaged to prosper in America. This new focus of conservatism will allow conservatism to flourish as a governing ideology.

Complex Justice

Author: Joshua M. Dunn
Publisher: UNC Press Books
ISBN: 1469606607
Size: 42.54 MB
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

The Oxford Handbook Of State And Local Government

Author: Donald P. Haider-Markel
Publisher: OUP Oxford
ISBN: 0191611964
Size: 52.21 MB
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The Oxford Handbook of State and Local Government is an historic undertaking. It contains a wide range of essays that define the important questions in the field, evaluate where we are in answering them, and set the direction and terms of discourse for future work. The Handbook will have a substantial influence in defining the field for years to come. The chapters critically assess both the key works of state and local politics literature and the ways in which the sub-field has developed. It covers the main areas of study in subnational politics by exploring the central contributions to the comparative study of institutions, behavior, and policy in the American context. Each chapter outlines an agenda for future research.

Up In Smoke

Author: Martha A. Derthick
Publisher: SAGE
ISBN: 1483304647
Size: 11.30 MB
Format: PDF
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Now, with a brand new 3rd edition, the book returns to "ordinary politics" and the passage of the Family Smoking Prevention and Tobacco Control Act which gave the FDA broad authority to regulate both the manufacture and marketing of tobacco products. Derthick shows our political institutions working as they should, even if slowly, with partisanship and interest group activity playing their part in putting restraints on cigarette smoking.

The American Democracy

Author: Thomas E. Patterson
Publisher: McGraw-Hill Companies
ISBN: 9780072868098
Size: 80.68 MB
Format: PDF, Mobi
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This comprehensive text is known for its exciting writing style and its positive, forward-looking presentation of the latest developments in scholarship and real-life politics. Through the use of engaging narrative, "The American Democracy" weaves together theory, information, and examples in ways that highlight key points, make them easy to understand, and capture readers' interest..