Here The People Rule

Provocative in style and substance, Parker's manifesto challenges orthodoxies of constitutional legal studies, particularly the idea that constitutionalism and populist democracy stand opposed. He contends that constitutional law should promote, not limit, the expression of ordinary political energy--to extend, rather than constrain, majority rule.

Most of the essays in this volume have appeared in scholarly journals or in books edited by others. A few are published here for the first time. None has been taken from one of my books. A would-be reader would have to go to much trouble to find them; that is the reason for bringing them together. Collections of essays are frequently miscellanies. This one is not. Except for the final two chapters, all deal with some aspect of the American political system. Some have to do with the structure and functioning of the federal system, others with the nature of publi(}-and incidentally other-organization, and still others with the causes and supposed cures of the social problems that government is nowadays expected to solve or cope with. The two final chapters are about the relationship between economics and political science; for lack of a better term they may be methodological.

How referendums can diffuse populist tensions by putting power back into the hands of the people Propelled by the belief that government has slipped out of the hands of ordinary citizens, a surging wave of populism is destabilizing democracies around the world. As John Matsusaka reveals in Let the People Rule, this belief is based in fact. Over the past century, while democratic governments have become more efficient, they have also become more disconnected from the people they purport to represent. The solution Matsusaka advances is familiar but surprisingly underused: direct democracy, in the form of referendums. While this might seem like a dangerous idea post-Brexit, there is a great deal of evidence that, with careful design and thoughtful implementation, referendums can help bridge the growing gulf between the government and the people. Drawing on examples from around the world, Matsusaka shows how direct democracy can bring policies back in line with the will of the people (and provide other benefits, like curbing corruption). Taking lessons from failed processes like Brexit, he also describes what issues are best suited to referendums and how they should be designed, and he tackles questions that have long vexed direct democracy: can voters be trusted to choose reasonable policies, and can minority rights survive majority decisions? The result is one of the most comprehensive examinations of direct democracy to date—coupled with concrete, nonpartisan proposals for how countries can make the most of the powerful tools that referendums offer. With a crisis of representation hobbling democracies across the globe, Let the People Rule offers important new ideas about the crucial role the referendum can play in the future of government.

A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.

“When Gessen speaks about autocracy, you listen.” —The New York Times “A reckoning with what has been lost in the past few years and a map forward with our beliefs intact.” —Interview As seen on MSNBC’s Morning Joe and heard on NPR’s All Things Considered: the bestselling, National Book Award–winning journalist offers an essential guide to understanding, resisting, and recovering from the ravages of our tumultuous times. This incisive book provides an essential guide to understanding and recovering from the calamitous corrosion of American democracy over the past few years. Thanks to the special perspective that is the legacy of a Soviet childhood and two decades covering the resurgence of totalitarianism in Russia, Masha Gessen has a sixth sense for the manifestations of autocracy—and the unique cross-cultural fluency to delineate their emergence to Americans. Gessen not only anatomizes the corrosion of the institutions and cultural norms we hoped would save us but also tells us the story of how a short few years changed us from a people who saw ourselves as a nation of immigrants to a populace haggling over a border wall, heirs to a degraded sense of truth, meaning, and possibility. Surviving Autocracy is an inventory of ravages and a call to account but also a beacon to recovery—and to the hope of what comes next.

"It is difficult to decide which is the more impressive: the authority and control with which Mr. Bendix writes of the traditions, the institutions, and the technological and social developments of cultures as diverse as the British, French, German, Russian, and Japanese, or the skill with which he weaves his separate stories into a persuasive scenario of the modern revolution. A remarkable achievement."--Gordon A. Craig, Stanford University ""Kings or People" is equal to the grandeur of its subject: the political origins of the modern world. With Barrington Moore's "Social Origins of Dictatorship and Democracy" and Immanuels Wallerstein's "The Modern World System" which it matches in boldness, while differing radically in perspective, it is one of the truly powerful ventures in comparative historical sociology to have appeared in recent years."--Clifford Geertz "A brilliant achievement that will be equally fascinating for the general reader, the student, and the specialized scholar."--Henry W. Ehrmann

Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.