الدستورية والديمقراطية

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Cambridge University Press, Jul 30, 1993 - Philosophy - 359 pages
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The eleven essays in this volume, supplemented by an editorial introduction, center around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
 

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Contents

Notes on contributors
vii
Introduction
1
Gag rules or the politics of omission
19
Democracy as a contingent outcome of conflicts
59
Consequences of constitutional choice reflections on Tocqueville
81
Liberal constitutionalism and its critics Carl Schmitt and Max Weber
103
Democracy and the rule of law some historical experiences of contradictions in the striving for good government
131
Neofederalism?
153
Precommitment and the paradox of democracy
195
American constitutionalism and the paradox of private property
241
From liberal constitutionalism to corporate pluralism the conflict over the enabling acts in Norway after the Second World War and the subsequent c...
275
Arguments for constitutional choice reflections on the transition to socialism
303
Constitutions and democracies an epilogue
327
Index
357
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About the author (1993)

Jon Elster is Professor and Chaire de Rationalite et Sciences Sociales at the College de France. A fellow of the American Academy of Arts and Sciences and Corresponding Fellow of the British Academy, he is a recipient of fellowships from The John Simon Guggenheim Foundation and the Russell Sage Foundation, among many others. Dr Elster has taught at the University of Chicago and Columbia University and has held visiting professorships at many universities in the United States and in Europe. He is the author and editor of thirty-four books, most recently Closing the Books: Transitional Justice in Historical Perspective, Elementary Social Science from an Advanced Standpoint, and Retribution and Restitution in the Transition to Democracy.

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