Democracy And The Liberal State

Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs

Examines global terrorist networks and discusses the long-term future of terrorism.

A major introductory textbook for students of politics, sociology and public administration on theories of the state and of politics. The five core chapters each introduce a major school of thought providing a substantial analysis of the methodology and philosophy, as well as the main objections and criticisms to which each has given rise. The theories and examples are drawn from a wide range of industrial societies.

This open access book aims to show which factors have been decisive in the rise of successful countries. Never before have so many people been so well off. However, prosperity is not a law of nature; it has to be worked for. A liberal economy stands at the forefront of this success - not as a political system, but as a set of economic rules promoting competition, which in turn leads to innovation, research and enormous productivity. Sustainable prosperity is built on a foundation of freedom, equal opportunity and a functioning government. This requires a stable democracy that cannot be defeated by an autocrat. Autocrats claim that "illiberalism" is more efficient, an assertion that justifies their own power. Although autocrats can efficiently guide the first steps out of poverty, once a certain level of prosperity has been achieved, people begin to demand a sense of well-being - freedom and codetermination. Only when this is possible will they feel comfortable, and progress will continue. Respect for human rights is crucial. The rules of the free market do not lean to either the right or left politically. Liberalism and the welfare state are not mutually exclusive. The "conflict" concerns the amount of government intervention. Should there be more or less? As a lawyer, entrepreneur, and board member with over 40 years of experience in this field of conflict, the author clearly describes the conditions necessary for a country to maintain its position at the top.

Discusses Pluralist, New Right, Elitist, Marxist and Neo-pluralist theories. Provides summary of intellectual origins, methodology and key strengths and weaknesses with examples from United States, Western Europe, etc.