[PDF] The Constitution Of Social Democracy eBook

Author : Alan Bogg
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 36,47 MB
Release : 2020-07-09
Category : Political Science
ISBN : 1509916598

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This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Author : Otto Kirchheimer
Publisher : Routledge
Page : 264 pages
File Size : 28,46 MB
Release : 2019-11-19
Category : Law
ISBN : 1000706532

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First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume’s editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic ‘failure’ of Weimar democracy in 1933.

Author : Thomas Christiano
Publisher : OUP Oxford
Page : 320 pages
File Size : 24,11 MB
Release : 2010-06-10
Category : Political Science
ISBN : 0191613916

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What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Author : Thomas Meyer
Publisher : John Wiley & Sons
Page : 263 pages
File Size : 49,98 MB
Release : 2013-09-30
Category : Political Science
ISBN : 0745654614

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The ascendancy of neo-liberalism in different parts of the world has put social democracy on the defensive. Its adherents lack a clear rationale for their policies. Yet a justification for social democracy is implicit in the United Nations Covenants on Human Rights, ratified by most of the worlds countries. The covenants commit all nations to guarantee that their citizens shall enjoy the traditional formal rights; but they likewise pledge governments to make those rights meaningful in the real world by providing social security and cultural recognition to every person. This new book provides a systematic defence of social democracy for our contemporary global age. The authors argue that the claims to legitimation implicit in democratic theory can be honored only by social democracy; libertarian democracies are defective in failing to protect their citizens adequately against social, economic, and environmental risks that only collective action can obviate. Ultimately, social democracy provides both a fairer and more stable social order. But can social democracy survive in a world characterized by pervasive processes of globalization? This book asserts that globalization need not undermine social democracy if it is harnessed by international associations and leavened by principles of cultural respect, toleration, and enlightenment. The structures of social democracy must, in short, be adapted to the exigencies of globalization, as has already occurred in countries with the most successful social-democratic practices.

Author : Cécile Fabre
Publisher : OUP Oxford
Page : 218 pages
File Size : 34,80 MB
Release : 2000-03-02
Category : Political Science
ISBN : 0191522767

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The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, and health care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.

Author : J nos Kis
Publisher : Central European University Press
Page : 344 pages
File Size : 22,44 MB
Release : 2003-01-01
Category : Political Science
ISBN : 9789639241329

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Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Author : Denis J. Galligan
Publisher : Cambridge University Press
Page : 693 pages
File Size : 26,57 MB
Release : 2013-10-14
Category : Law
ISBN : 1107434572

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This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.