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

    Fingerprint

    democracy
    Law
    constitutional state
    evidence

    ASJC Scopus subject areas

    • Social Sciences(all)

    Cite this

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

    Democracy and legal change. / Schwartzberg, Melissa.

    Cambridge University Press, 2007. 228 p.

    Research output: Book/ReportBook

    Schwartzberg, M 2007, Democracy and legal change. Cambridge University Press. https://doi.org/10.1017/CBO9780511509681
    Schwartzberg M. Democracy and legal change. Cambridge University Press, 2007. 228 p. https://doi.org/10.1017/CBO9780511509681
    Schwartzberg, Melissa. / Democracy and legal change. Cambridge University Press, 2007. 228 p.
    @book{4e341ee86edf4eb486e14a65a59197ba,
    title = "Democracy and legal change",
    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.",
    author = "Melissa Schwartzberg",
    year = "2007",
    month = "1",
    day = "1",
    doi = "10.1017/CBO9780511509681",
    language = "English (US)",
    isbn = "0521866529",
    publisher = "Cambridge University Press",
    address = "United Kingdom",

    }

    TY - BOOK

    T1 - Democracy and legal change

    AU - Schwartzberg, Melissa

    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

    UR - http://www.scopus.com/inward/citedby.url?scp=84928298125&partnerID=8YFLogxK

    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 -