Must Constitutional Democracy Be "Responsive"?  

Oleh:

Michelman, Frank I

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Ethics: An International Journal of Social Political and Legal Philosophy vol. 107 no. 4 (Jul. 1997), page 706-723.
Topik: Responsive

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: EE44.6 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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democracy means government by or accountable to everyone. Or does it? If it does, then constitutional democracy means both thatand government by laws. Yet how could it possibly disagree deeply over matters that laws must right then resolve. Disagreement extends even-or especially-to the fundamental laws of the regime itself, including electoral and representative dispensations and the contents of the bill of rights if any. (Consider, for two obvious examples, current controversies in the United States over political campaign financing regulation and race-conscious legislative districting.) Those would seem to be matters, then, for a constitutional democracy to resolve by public lawmaking on the constitutional level. But public lawmakings are institutional actions, inevitably nonunanimous, or as we say, "collective."

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