Off-campus access
Using PhilPapers from home?
Click here to configure this browser for off-campus access.
- Raphael Cohen-Almagor (1994). Disqualification of Lists in Israel (1948–1984): Retrospect and Appraisal. Law and Philosophy 13 (1):43 - 95.The aim is to review the decisions of the Central Elections Committee and of the Supreme Court regarding disqualification of lists in Israel. Two major questions are addressed: When should tolerance have its limits?; and, What constraints on liberty should be introduced in order to safeguard democracy? The judicial analysis focuses attention on the issue of whether the justices acted in accordance with the law. Consideration is given to the written law and to existing normative considerations which allow justices an exegetic latitude. It is argued that theNeiman decision of 1984 was flawed, that the Court was erroneous in ignoring the licensing effect of its decision, and that democracy does not have to allow a violent list propounding the destruction of democracy to act in order to fulfil its aim. It is neither morally obligatory, nor morally coherent, to expect democracy to place the means for its own destruction in the hands of those who either wish to bring about the physical annihilation of the state, or to undermine democracy. These two cases are the only cases in which democracy has to introduce self-defensive measures and to deny representation in parliament to violent lists that convey such ideas, and that act to realize them.Reading list | Discuss | Edit | Categorize |My bibliography
| Export citation | Other links: jstor.org | Scholar | At my library 
Similar books and articles
In this article, the author discusses the Marriage Cases opinion issued by the California Supreme Court in May of 2008. In that decision, a majority of the justices of the California Supreme Court found that the California Constitution requires affording the designation of marriage to same-sex couples. Though the article focuses on California, the article is equally applicable to other opinions discussing same-sex marriage. (The views expressed in the article do not necessarily represent the views of the agency or the U.S.).
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | More options ...
| | Scholar | More options ... January 21, 2010 will go down as a dark day in the history of American democracy, and its decline. The editors of the New York Times did not exaggerate when they wrote that the Supreme Court decision that day "strikes at the heart of democracy" by having "paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding" -- more explicitly, for permitting corporate managers to do so, since current laws permit them to spend shareholder money without consent.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | More options ...
| | Scholar | More options ... We seek to establish a dialogue between democratic and Islamic normative political theories. To that aim, we show that the conception of democracy underlying a prominent Islamic political model is procedural. We distinguish proceduralism from a liberal conception of democracy. Then, we explain how bringing together Islamic political theory and democracy alters the meaning of the latter. In other words, we show that democracy within Islam often means democracy within Islamic limits.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Other links: ppe.sagepub.com dx.doi.org | Scholar | At my library | More options ...
| | Other links: ppe.sagepub.com dx.doi.org | Scholar | At my library | More options ... The green movement has posed some tough questions for traditional justifications of democracy. Should the natural world have rights? Can we take account of the interests of future generation? Do we need to replace existing institutions to deal with the ecological crisis? But questions have also been asked of the greens. Could their idealism undermine democracy? Can greens be effective democrats? Democracy and Green Political Thought, leading writers on green political thought analyze these and other important questions, examine the discourse of green movements concerning democracy, the status of democracy within green political thought, and the political institutions which might be necessary to ensure democracy in a sustainable society. The debates are not simply about the compatibility of democracy with green ideas but also how best to define democracy itself.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | At my library | More options ...
| | Scholar | At my library | More options ... While much has been written about social justice, even more has been written about democracy. Rarely is the relationship between social justice and democracy carefully considered. Does justice require democracy? Will democracy bring justice? This volume brings together leading authors who consider the relationship of democracy and justice. The intrinsic justness of democracy is challenged and the relationship between justice, democracy and the common good examined.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | At my library | More options ...
| | Scholar | At my library | More options ... Classical debates, recently rejoined, rage over the question of whether we want our political outcomes to be right or whether we want them to be fair. Democracy can be (and has been) justified in either way, or both at once. For epistemic democrats, the aim of democracy is to "track the truth."1 For them, democracy is more desirable than alternative forms of decision-making because, and insofar as, it does that. One democratic decision rule is more desirable than another according to that same standard, so far as epistemic democrats are concerned.2 For procedural democrats, the aim of democracy is instead to embody certain procedural virtues.3 Procedural democrats are divided among themselves over what those virtues might be, as well as over which procedures best embody them. But all procedural democrats agree on the one central point..
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Other links: blackwell-synergy.com personal.lse.ac.uk dx.doi.org | Scholar | At my library | More options ...
| | Other links: blackwell-synergy.com personal.lse.ac.uk dx.doi.org | Scholar | At my library | More options ... The political institutions under which we live today evolved from a revolutionary idea that shook the world in the second part of the eighteenth century: that a people should govern itself. Yet if we judge contemporary democracies by the ideals of self-government, equality, and liberty, we find that democracy is not what it was dreamt to be. This book addresses central issues in democratic theory by analyzing the sources of widespread dissatisfaction with democracies around the world. With attention throughout to historical and cross-national variations, the focus is on the generic limits of democracy in promoting equality, effective participation, control of governments by citizens, and liberty. The conclusion is that although some of this dissatisfaction has good reasons, some is based on an erroneous understanding of how democracy functions. Hence, although the analysis identifies the limits of democracy, it also points to directions for feasible reforms.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | At my library | More options ...
| | Scholar | At my library | More options ... Human beings originate votes, and democracy constitutes decisions. This is the essence of democracy. A phenomenological analysis of the vote and of the decision reveals for us the inherent strength of democracy and its deficiencies. Alexis de Tocqueville pioneered this form of enquiry into democracy and produced positive results from it. Unfortunately, his phenomenological method was inadequate and he missed the essential core of his 'associative art'. The frequent association of democracy with rationality misleads us about its nature and its requirements. The phenomenology of democracy aligns with the governance concept of democracy. Many attempts to reform democracy, or impose it on others, are misplaced because they do not attend to the essence of democracy.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | At my library | More options ...
| | Scholar | At my library | More options ... January 21, 2010 will go down as a dark day in the history of American democracy, and its decline. The editors of the New York Times did not exaggerate when they wrote that the Supreme Court decision that day “strikes at the heart of democracy” by having “paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding” – more explicitly, for permitting corporate managers to do so, since current laws permit them to spend shareholder money without consent.
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | More options ...
| | Scholar | More options ... Laws restricting eligibility for membership apply to all Australian parliaments, but their meaning and effect are often uncertain. The laws governing membership of the Parliament of Victoria are particularly archaic and confused. Successive amendments have been poorly integrated, creating awkward problems of interpretation. Most of the grounds of disqualification were originally derived from British models, but some have remained in Victorian law long after their abolition in the United Kingdom. Questions about their effect arise regularly, but few cases reach the courts, partly because of limitations on justiciability. This article explores the Victorian disqualifications, considering in particular the position of government officeholders and government contractors, and avenues for raising disqualification questions.
No categories
Reading list
| Discuss | Edit | Categorize | My bibliography | Export citation | Scholar | More options ...
| | Scholar | More options ... Discussion of Raphael Cohen-Almagor, Disqualification of lists in Israel (1948–1984): Retrospect and appraisal
 Back
All discussions
Start a new thread
|
There are no threads in this forum |
Nothing in this forum yet.
