
Constitutional Democracy
Creating and Maintaining a Just Political Order
Walter F. Murphy(Author)
Johns Hopkins University Press
Published on 27. October 2008
Book
Paperback/Softback
568 pages
978-0-8018-9107-6 (ISBN)
Description
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. He follows delegates-many of whose arguments track those of real-life political, economic, and legal theorists-as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process.
Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.
Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.
Reviews / Votes
This is a significant, impressive work of constitutional theory in its largest and most important sense. Choice 2007 The phrase 'instant classic' may be an oxymoron, but if it can be fairly applied to any recent work in the field of constitutional theory, this is the one. -- Jack Wade Nowlin, Jessie D. Puckett Jr. Law and Politics Book Review 2007 Constitutional Democracy is an extraordinarily ambitious book, taking as its model nothing less than Aristotle's Politics. -- George Thomas Claremont Review of Books 2007 This fine book brings to bear Walter Murphy's manifold gifts: breadth of knowledge about political systems around the world and throughout history, keen critical learning about ancient and modern political thought, deep understanding of constitutional law, and a clear and clever style. -- Ralph Ketcham Perspectives on Politics 2008 In this magnum opus, Walter Murphy tells [the] story with all the erudition and skill that he has gathered in a lifetime of the study of political systems. Journal of the Commonwealth Lawyers' Association 2007More details
Series
Language
English
Place of publication
Baltimore, MD
United States
Target group
College/higher education
Professional and scholarly
Product notice
Paperback (trade)
Dimensions
Height: 226 mm
Width: 150 mm
Thickness: 31 mm
Weight
748 gr
ISBN-13
978-0-8018-9107-6 (9780801891076)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
12/2006
Johns Hopkins University Press
€68.91
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Person
Walter F. Murphy (1929-2010) was the McCormick Professor of Jurisprudence Emeritus at Princeton University and a recipient of the Lifetime Achievement Award of the Law and Courts Section of the American Political Science Association. He was the author of numerous scholarly books, articles, and textbooks, as well as several novels, including Vicar of Christ.
Content
Preface
General Information
I. Creating a Constitutional Democracy
Introduction
1. Values, Interests, and Goals
2. Alternative Political Systems
3. Alternative Political Systems: The Debate
4. The Possibility of Constitutional Democracy
5. To Draft or Not to Draft a Constitutional Text
6. Drafting 1: The Shape of the Constitution
7. Drafting 2: The Judiciary
8. Drafting 3: A Bill of Rights
9. Drafting 4: Special Cases
Epilogue
II. Maintaining a Constitutional Democracy
Introduction
10. Creating Citizens
11. Military and Security Forces
12. Rebuilding the Machinery of the State: The Bureaucracies
13. Dealing with Deposed Despots
14. Constitutional Interpretation as Constitutional Maintenance
15. Constitutional Change and Its Limits
Epilogue
Reprise
General Index
Index of Cases
General Information
I. Creating a Constitutional Democracy
Introduction
1. Values, Interests, and Goals
2. Alternative Political Systems
3. Alternative Political Systems: The Debate
4. The Possibility of Constitutional Democracy
5. To Draft or Not to Draft a Constitutional Text
6. Drafting 1: The Shape of the Constitution
7. Drafting 2: The Judiciary
8. Drafting 3: A Bill of Rights
9. Drafting 4: Special Cases
Epilogue
II. Maintaining a Constitutional Democracy
Introduction
10. Creating Citizens
11. Military and Security Forces
12. Rebuilding the Machinery of the State: The Bureaucracies
13. Dealing with Deposed Despots
14. Constitutional Interpretation as Constitutional Maintenance
15. Constitutional Change and Its Limits
Epilogue
Reprise
General Index
Index of Cases