Democracy And The Limits Of Self Government

The book analyzes the sources of widespread dissatisfaction with democracies around the world and identifies directions for feasible reforms.

The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.

Mr. Percival provides an original and entirely new concept of True Democracy, where personal and national affairs are brought under the spotlight of eternal truths. This is not a political book, as generally understood. It is an unusual series of essays that sheds light on the direct connection between the conscious self in every human body and the affairs of the world in which we live. At this crucial period in our civilization, new powers of destruction have emerged that could sound the parting knell for life on earth as we know it. And yet, there is still time to stem the tide. Percival tells us that each human being is the source of all causes, conditions, problems and solutions. Therefore, we each have an opportunity, as well as a duty, to bring eternal Law, Justice, and Harmony to the world. This begins with learning to govern ourselves - our passions, vices, appetites, and behavior. The purpose of this book is to point the way.--H. W. Percival.

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

"Past and present efforts to reform prisons and mental hospitals are haunted by a desire to democratize custody. Embedded in this desire, Democracy in Captivity shows, is a persistent anxiety about who ought to govern ward life. Stuck in the middle of the social engineering efforts of both custodians and would-be democratic reformers are prisoners and patients themselves. Wards struggle for representation and, invariably, provoke backlash -- not only in the blunt forms of restraint chairs, riot gear, and a surgeon's scalpel, but also more covert sorts of maneuvering under the cover of 'democratic' management. Christopher D. Berk explains how these more subtle moves facilitate exploitation, entrench disenfranchisement, and naturalize authoritarian rule. In doing so, he uses custody as a lens to examine wider pathologies that have captured the politics of punishment today"--

On American democracy

When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.

With the collapse of traditional parties around the world and with many pundits predicting a "crisis of democracy", the value of elections as a method for selecting by whom and how we are governed is being questioned. What are the virtues and weaknesses of elections? Are there limitations to what they can realistically achieve? In this deeply informed book world-renowned democratic theorist Adam Przeworski offers a warts-and-all analysis of elections and the ways in which they affect our lives. Elections, he argues, are inherently imperfect but they remain the least bad way of choosing our rulers. According to Przeworski, the greatest value of elections, by itself sufficient to cherish them, is that they process whatever conflicts may arise in society in a way that maintains relative liberty and peace. Whether they succeed in doing so in today's turbulent political climate remains to be seen.