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.
In this major new work, based on an unprecedented range of empirical and theoretical reflection, the author presents a broad-ranging and far-reaching analysis of the mechanisms and processes of...
The articles collected in the book present a view of legal education in Central and Eastern Europe, considering the relationship between democracy and the Political. The importance and condition of...
This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book:charts the transition of traditions from colonial rule to present...
This book demonstrates that overall stronger democratic principles and democratic qualities tend to correlate with improved climate performance. Beginning by outlining a general concept of democratic...