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Democracy and Legal Change

Democracy and Legal Change

Paperback

Series: Cambridge Studies in the Theory of Democracy, Book 6

General LawGeneral Political Science

ISBN10: 0521146577
ISBN13: 9780521146579
Publisher: Cambridge
Published: Jul 31 2009
Pages: 242
Weight: 0.70
Height: 0.60 Width: 5.90 Depth: 8.90
Language: English
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 thought, 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.

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General Political Science