Rights And Democracy

Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.

The 20th century has been described as the bloodiest in human history, but it was also the century in which people around the world embraced ideas of democracy and human rights as never before, constructing social, political and legal institutions seeking to contain human behaviour. Todd Landman offers an optimistic, yet cautionary tale of these developments, drawing on the literature, from politics, international relations and international law. He celebrates the global turn from tyranny and violence towards democracy and rights but also warns of the precariousness of these achievements in the face of democratic setbacks and the undermining of rights commitments by many countries during the so-called 'War on Terror'.

This volume explores the relationship between human rights and democracy within both the theoretical and empirical field. It is a book within the tradition of deliberative democracy, although it focuses on global institutions and human rights rather than nation-state or federalist democracy. Eva Erman problematizes the absence of political rights in the global human rights discourse from a deliberative standpoint. Starting out from and at the same time criticizing Habermas' discourse theory of law and democracy, she makes a significant contribution to a discourse theory of human rights and applies it to a global rights institution, the United Nations' Commission on Human Rights. This is an innovative study that offers tools for democratizing existing global political institutions, and is therefore suitable for philosophers, political theorists, scholars of human rights and those interested in democracy.

Is global democracy possible? The most prominent institutional manifestations of this concept-the UN, WTO, IMF and World Bank-have been skewered as cloistered anti-democratic institutions by anti-globalization activists. Meanwhile, proponents of globalization advocate reforming these institutions to make them more transparent. Michael Goodhart argues that both views fail to recognize the complex link between modern democracy and the sovereign state and the degree to which globalization challenges the modern conceptualization of democracy. Original and historically informed, Democracy as Human Rights provides a carefully argued theory of democracy in which traditional representative government is supported by global institutions designed to guarantee fundamental human rights.

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.

In her new book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions.The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Accessibly written with a minimum of technical jargon this is a major new contribution to political philosophy.

Why do citizens in pluralist democracies disagree collectively about the very values they agree on individually? This provocative book highlights the inescapable conflicts of rights and values at the heart of democratic politics. Based on interviews with thousands of citizens and political decision makers, the book focuses on modern Canadian politics, investigating why a country so fortunate in its history and circumstances is on the brink of dissolution. Taking advantage of new techniques of computer-assisted interviewing, the authors explore the politics of a wide array of issues, from freedom of expression to public funding of religious schools to government wiretapping to antihate legislation, analyzing not only why citizens take the positions they do but also how easily they can be talked out of them. In the process, the authors challenge a number of commonly held assumptions about democratic politics. They show, for example, that political elites do not constitute a special bulwark protecting civil liberties; that arguments over political rights are as deeply driven by commitment to the master values of democratic politics as by failure to understand them; and that consensus on the rights of groups is inherently more fragile than on the rights of individuals.