Democracy and legal change

Melissa Schwartzberg

    Research output: Book/ReportBook

    Abstract

    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.

    Original languageEnglish (US)
    PublisherCambridge University Press
    Number of pages228
    ISBN (Electronic)9780511509681
    ISBN (Print)0521866529, 9780521866521
    DOIs
    StatePublished - Jan 1 2007

    ASJC Scopus subject areas

    • Social Sciences(all)

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  • Cite this

    Schwartzberg, M. (2007). Democracy and legal change. Cambridge University Press. https://doi.org/10.1017/CBO9780511509681