Democracy and Legal ChangeCambridge University Press, 9. apr. 2007 Since 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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ability alliances allies alter amendment clause amendment procedure ancient constitution argued argument Arnold Brecht Article Athenians Athens atimia authority autophagy Basic Law basic rights Bruce Ackerman capacity Carl Schmitt Carlo Schmid Chapter claim commitment common law concept consti constituent assembly constitutional amendment constitutional change constitutional court Convention debate decision to entrench decrees defend deliberate deliberative democ democracy democratic efforts emerged enact entrenchment clauses equal suffrage fallibilism fallibility federal fifth century flexibility Fornara fourth century framers fundamental graphe paranomon Hale Ibid immutable implicit infallibility institutions interpretation Jon Elster judges judicial Kelsen Länder law reform lawyers legal change legal reform legislation legislatures legitimacy majority matter means ment modify law natural law Nazism nomoi norms outcome Parliament Parliamentary Council particular perhaps political possibility pragmatic innovation proposed protect provisions rejection revision rule Schmitt sovereignty Spartans specified stitution suggested sunset clause Thucydides tion tive tution U.S. Constitution vote Weimar Weimar Constitution