Constitutional Majoritarianism against Popular “Regulation” in the Federalist

2021 ◽  
pp. 009059172110437
Author(s):  
James Lindley Wilson
Keyword(s):  
Institutional Design ◽  
Constitutional Democracy ◽  
Democratic Deliberation ◽  
Common Life ◽  
Analysis And Evaluation ◽  
Democratic Practice ◽  
The Federalist ◽  
Before And After ◽  
New Form ◽  
Adequate Analysis

In this essay, I make the interpretive claim that we cannot properly understand the Federalist without appreciating the extent to which the papers mount a sustained rejection of extra-constitutional democracy—practices in which people aim to assert authority over the terms of common life in ways that are not sanctioned by existing laws. I survey such practices, which were common in America before and after the Revolution. I argue that there is continuity between Publius’s justification for rejecting extra-constitutional democracy and his justification for his preferred system against constitutional alternatives. Adequate analysis and evaluation of the Federalist’s arguments about faction, representation, and institutional design require attention to the double duty the arguments play against constitutional and extra-constitutional opposition. This interpretive argument supports several analytic and evaluative conclusions. First, we must distinguish a new form of “non-hierarchical dualist” constitutionalism, according to which irregular democratic activity need not be limited to extraordinary “constitutional moments” or revolutions. Second, the politically egalitarian character of procedures depends not on the procedures alone, but how the maintenance of such procedures limits other forms of democratic practice. Third, the argument suggests a novel defense of “uncivil” disobedient politics: one grounded not in contributions to democratic deliberation, but in the entitlements of citizens to direct assertions of authority over common life.

Citizens' Juries and Deliberative Democracy

2000 ◽  
Vol 48 (1) ◽  
pp. 51-65 ◽  
Author(s):  
Graham Smith ◽  
Corinne Wales
Keyword(s):  
Decision Making ◽  
Deliberative Democracy ◽  
Institutional Design ◽  
Political Decision ◽  
Democratic Deliberation ◽  
Democratic Practice ◽  
The Face ◽  
Decision Making Processes ◽  
Political Decision Making

In the face of widespread dissatisfaction with contemporary democratic practice, there has been a growing interest in theories of deliberative democracy. However theorists have often failed to sufficiently address the question of institutional design. This paper argues that recent experiments with citizens' juries should be of interest to deliberative democrats. The practice of citizens' juries is considered in light of three deliberative democratic criteria: inclusivity, deliberation and citizenship. It is argued that citizens' juries offer important insights into how democratic deliberation could be institutionalized in contemporary political decision-making processes.

scholarly journals Do Voters Respond to Cross-Ethnic Campaigning inDivided Societies?

2021 ◽  
Author(s):  
Ken Ochieng' Opalo ◽  
Leonardo R. Arriola ◽  
Donghyun Danny Choi ◽  
Matthew Gichohi
Keyword(s):  
Natural Experiment ◽  
Institutional Design ◽  
Political Mobilization ◽  
Presidential Candidate ◽  
Electoral Rules ◽  
Ethnic Mobilization ◽  
Divided Societies ◽  
Intergroup Competition ◽  
Before And After

In order to comply with electoral rules incentivizing cross-ethnic mobilization, candidates in divided societies often campaign in opponents’ strongholds among non-coethnics. In this paper, we show that such cross-ethnic campaign rallies may actually depress outgroup candidates’ support among non-coethnics. We argue that candidates’ holding of campaign rallies in non-coethnic constituencies can inadvertently trigger perceptions of intergroup competition, increase the salience of ethnicity, and depress support for non-coethnic candidates. We leverage a natural experiment that exploits the timing of an unscheduled campaign rally held by a presidential candidate in a non-coethnic county in his opponent’s stronghold during Kenya’s 2017 election. In comparing survey respondents before and after the rally, we find that the candidate’s post-rally favorability significantly decreased among non-coethnic voters, while the proportion of voters identifying in ethnic terms simultaneously increased. These findings have important implications for the efficacy of institutional design to promote cross-ethnic political mobilization in polarized societies.

Who Advised the Hong Kong Government? The Politics of Absorption before and after 1997

Asian Survey ◽  
2004 ◽  
Vol 44 (6) ◽  
pp. 874-894 ◽  
Author(s):  
Anthony B. L. Cheung ◽  
Paul C. W. Wong
Keyword(s):  
Hong Kong ◽  
Post Colonial ◽  
Elite Politics ◽  
Before And After ◽  
New Form ◽  
Socioeconomic Patterns ◽  
Advisory Bodies

This article explores the socioeconomic patterns of cooptation to advisory bodies and other political offices in Hong Kong during the colonial, transition, and post-colonial periods. Despite a substantial continuity in the composition of elites coopted, government/elites relations have changed because of the rise of a new form of functional-elite politics.

Liquid parties, dense populism

2019 ◽  
Vol 45 (9-10) ◽  
pp. 1069-1083
Author(s):  
Nadia Urbinati
Keyword(s):  
The Other ◽  
Constitutional Democracy ◽  
New Form ◽  
Democratic Societies ◽  
The One ◽  
Multiple Causes

Before proceeding, I would like to clarify briefly two interpretative premises, one methodological and one normative, which sustain my argument. Understanding the transformations facing constitutional democratic societies is a demanding task. These transformations, whose multiple causes are socio-economic not merely political, reflect on the one hand in the decline of mass party form of organization and on the other in the success of populism as not simply a movement of contestation but as a ruling power. In this article, I will suggest that the successes of populism are connected to the decline of organized parties, the pillar of constitutional democracy as it emerged after 1945. It is impossible to predict whether populism will succeed in becoming the new form of democracy. It is, however, certain that contemporary representative governments are facing astonishing mutations and the decline of the party form of representative unification of claims and ideas is one of them. My argument relies upon a phenomenology of populism as a movement that is strong in proportion as organized parties are weak, which actually capitalizes on a revolt against intermediary bodies such as parties. 1

scholarly journals Differences in postprandial inflammatory responses to a ‘modern’ v. traditional meat meal: a preliminary study

2010 ◽  
Vol 104 (5) ◽  
pp. 724-728 ◽  
Author(s):  
Fatemeh Arya ◽  
Sam Egger ◽  
David Colquhoun ◽  
David Sullivan ◽  
Sebely Pal ◽  
...  
Keyword(s):  
Immune Reaction ◽  
Inflammatory Responses ◽  
Low Grade ◽  
C Reactive Protein ◽  
Reactive Protein ◽  
Meat Meal ◽  
Tnf Α ◽  
Before And After ◽  
Preliminary Study ◽  
New Form

A low-grade inflammatory response (‘metaflammation’) has been found to be associated with certain chronic diseases. Proposed inducers of this have been aspects of the modern lifestyle, including newly introduced foods. Plasma TAG, and the inflammatory cytokines C-reactive protein (CRP), TNF-α and IL-6 were compared in a randomised, cross-over trial using ten healthy subjects before and after eating 100 g of kangaroo, or a ‘new’ form of hybridised beef (wagyu) separated by about 1 week. Postprandial levels for 1 and 2 h of TAG, IL-6 and TNF-α were significantly higher after eating wagyu compared with kangaroo (P = 0·002 for TAG at 1 h, P < 0·001 at 2 h; P < 0·001 for IL-6 and TNF-α at 1 and 2 h). CRP was significantly higher 1 h postprandially after wagyu (P = 0·011) and non-significantly higher 2 h postprandially (P = 0·090). We conclude that the metaflammatory reaction to ingestion of a ‘new’ form of hybridised beef (wagyu) is indicative of a low-grade, systemic, immune reaction when compared with lean game meat (kangaroo). Further studies using isoenergetic intake and isolating fatty acid components of meats are proposed.

scholarly journals War Memory and Mizoguchi’s Film

2016 ◽  
Vol 29 (1) ◽  
pp. 41-46 ◽  
Author(s):  
Fumie Yatagai
Keyword(s):  
World War Ii ◽  
Japanese Society ◽  
World War ◽  
Common Life ◽  
War Memory ◽  
The Public ◽  
Japanese Film ◽  
Before And After ◽  
The Common ◽  
Kenji Mizoguchi

This paper focuses on the Japanese film director called Kenji Mizoguchi who worked not only the making films but gave the caricature impact to the Japanese society. He was touching with the Japanese philosophy and spirit before and after the World War II. He described the common life of the Japanese life, especially tracing on how the women were dis-treated because of the context of the machismo in the public and at home. Also, the women were prohibited to have good education. The Japanese women at that time had a harsh moment to find their identity. For instance, as I experienced the poverty and discriminations just to be a women, Mizoguchi’s film encouraged me and opened a door to the new life.

scholarly journals It’s Critical

2016 ◽  
Vol 4 (12) ◽  
pp. 173-189
Author(s):  
Esther K Cho ◽  
Karly V. Jerman ◽  
Kameron J. LaCalli ◽  
Sabrina E. Lucero ◽  
Victoria S. Maraga ◽  
...  
Keyword(s):  
Decision Making ◽  
Critical Thinking ◽  
Mental Process ◽  
Engineering Student ◽  
Engineering Profession ◽  
Analysis And Evaluation ◽  
Before And After ◽  
Thinking Process ◽  
Evaluation Of Evidence ◽  
The University

Critical thinking is an essential skill for achievement as an engineering student and for success in the engineering profession. Critical thinking can be defined as a mental process to responsibly form an unbiased conclusion that includes identification, skillful analysis, and evaluation of evidence to guide decision-making. This article evaluates a research project undertaken by students at the University of San Diego. In the investigators’ work, they analyzed the definitions of critical thinking and bias, what tools could be used to help in the critical thinking process, and how concepts such as bias and critical thinking affect engineers in their occupations. The team then presented this information to several introductory engineering classes in the form of a lecture and asked the students to assess their knowledge and understanding of critical thinking concepts before and after the presentation. The investigators evaluated the surveys and discovered that most students improved their definitions of bias and critical thinking after the lecture. The students also generally improved their self-rating of understanding critical thinking concepts.

scholarly journals Interaksi Antar Dua Komunitas Agama (Islam-Kristen) Pasca Konflik di Desa Latta Kota Ambon

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Alce Albartin Sapulette
Keyword(s):  
Social Relations ◽  
Religious Community ◽  
Religious Communities ◽  
Christian Community ◽  
Common Life ◽  
Post Conflict ◽  
The People ◽  
Before And After ◽  
Community Conflict ◽  
The Impact

Latta Village is one of the villages besides Wayame Village which did not experience the impact of the Maluku conflict in 1999, even though the people were multi-religious (Islam and Christian). The people of Latta Village remain united and maintain the common life order between Islam and Christianity that has been fostered from the beginning. Relationships or social relations remain well intertwined with one another. Research has been conducted on the interaction between two religious communities (Islam-Christians) post-conflict in Latta Village, Ambon City. This study aims to describe the social interactions that occur in the community using a qualitative approach. Based on the results of the study, it was found that there was an interaction relationship that remained intertwined in the lives of the people of Latta Village before and after the conflict. The relationship occurred because of good contact and communication between the Islamic community and the Christian community, and also because of the intervention of the Village Head, Imams, Priests and the community as a whole. Therefore, it can be concluded that the interaction relationships must remain maintained in order to create a life of a peaceful and harmonious society.Keywords: social interaction, religious community,conflict

South African Legal Culture and its Dis/Empowerment Paradox

2021 ◽  
Author(s):  
Sindiso Mnisi Weeks
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Culture ◽  
Constitutional Democracy ◽  
Rights Protection ◽  
Historical View ◽  
Socioeconomic Rights ◽  
Socioeconomic Transformation ◽  
The World ◽  
Before And After

Twenty-five years since becoming a constitutional democracy, South Africa presents the perplexing paradox of arguably having the most progressive constitution in the world, marked by full-throated socioeconomic rights protection, while also being the most unequal country in the world. This chapter makes the argument that this alarming paradox can be at least partly understood in terms of a ‘dis/empowerment paradox’ endemic to South Africa’s legal culture. It takes a historical view of the formation and impact of South African legal culture and the various levels and ways in which the dis/empowerment paradox argued for has been, and continues to be, characteristic thereof. The chapter traces the contributions of the judiciary to shaping the country’s legally pluralistic culture over the course of history and into the present. It ultimately points to judicial complicity in restraining the full realization of freedom and justice under the law—both before and after the dawn of South Africa’s modern-day Constitution—by under-utilizing law’s potential for liberation. Tracing this historical arc is aimed at helping legal, anthropological, and wider readers not familiar with South Africa’s particular circumstances to better understand the concluding argument: namely, that the purported solution to South Africa’s problems described as ‘transformative constitutionalism’ presents notable pitfalls. While the chapter does not argue that the judiciary is solely, or even mainly, responsible for the dis/empowerment paradox of law, it does argue that the judiciary is somewhat complicit in the limited socioeconomic transformation seen subsequent to adoption of the country’s progressive Constitution.

Building the Judiciary

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Political Institutions ◽  
Institutional Design ◽  
The United States ◽  
Institution Building ◽  
Constitutional Democracy ◽  
Political Leaders ◽  
Political Actors ◽  
Federal Judiciary ◽  
Contextual Understanding ◽  
The Supreme Court

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? This book uncovers the causes and consequences of judicial institution building in the United States from the commencement of the new government in 1789 through the close of the twentieth century. Explaining why and how the federal judiciary became an independent, autonomous, and powerful political institution, the book moves away from the notion that the judiciary is exceptional in the scheme of American politics, illustrating instead how it is subject to the same architectonic politics as other political institutions. Arguing that judicial institution building is fundamentally based on a series of contested questions regarding institutional design and delegation, the book develops a theory to explain why political actors seek to build the judiciary and the conditions under which they are successful. It both demonstrates how the motivations of institution-builders ranged from substantive policy to partisan and electoral politics to judicial performance, and details how reform was often provoked by substantial changes in the political universe or transformational entrepreneurship by political leaders. Embedding case studies of landmark institution-building episodes within a contextual understanding of each era under consideration, the book presents a historically rich narrative that offers analytically grounded explanations for why judicial institution building was pursued, how it was accomplished, and what—in the broader scheme of American constitutional democracy—it achieved.

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