TY - BOOK
T1 - Democracy and legal change
AU - Schwartzberg, Melissa
N1 - Publisher Copyright:
© Melissa Schwartzberg 2007 and Cambridge University Press, 2009.
PY - 2007/1/1
Y1 - 2007/1/1
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=84928298125&partnerID=8YFLogxK
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U2 - 10.1017/CBO9780511509681
DO - 10.1017/CBO9780511509681
M3 - Book
AN - SCOPUS:84928298125
SN - 0521866529
SN - 9780521866521
BT - Democracy and legal change
PB - Cambridge University Press
ER -