Democracy and Legal Change
By (author) Melissa Schwartzberg
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Democracy and Legal Change by Melissa Schwartzberg
Book DescriptionSince ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.
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Book DetailsISBN: 9780521866521
(228mm x 152mm x 23mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 9-Apr-2007
Country of Publication: United Kingdom
Books By Author Melissa Schwartzberg
Counting the Many, Hardback (November 2013)
Examines the history underlying the use of supermajority voting rules and offers a critique of their ability to remedy the defects of majority decision making.
Democracy and Legal Change, Paperback (July 2009)» View all books by Melissa Schwartzberg
In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity.
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Author Biography - Melissa Schwartzberg
Melissa Schwartzberg is Associate Professor of Political Science at Columbia University, New York. She received a PhD in politics from New York University in 2002 and an AB from Washington University in St Louis in classics and political science in 1996. From 2002 through 2006, she was Assistant Professor of Political Science at the George Washington University, Washington DC. She has published articles on law and political theory in journals including the American Political Science Review and Political Studies.
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