Constitutional Democracy: Creating and Maintaining a Just Political Order

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JHU Press, 2007 - Law - 547 pages
Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called free government. In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country.
 

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Contents

Values Interests and Goals
34
Alternative Political Systems
66
Alternative Political Systems The Debate
106
The Possibility of Constitutional Democracy
145
To Draft or Not to Draft a Constitutional Text
183
Drafting 1 The Shape of the Constitution
204
Drafting 2 The Judiciary
239
Drafting 3 A Bill of Rights
274
Creating Citizens
340
Military and Security Forces
376
Rebuilding the Machinery of the State The Bureaucracies
396
Dealing with Deposed Despots
423
Constitutional Interpretation as Constitutional Maintenance
458
Constitutional Change and Its Limits
495
Epilogue
528
Reprise
531

Drafting 4 Special Cases
305
Epilogue
322
Introduction
329
General Index
535
Index of Cases
542
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