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Awards
Overview"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 Jurgen 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." Full Product DetailsAuthor: Corey BrettschneiderPublisher: Princeton University Press Imprint: Princeton University Press Dimensions: Width: 15.20cm , Height: 1.20cm , Length: 23.50cm Weight: 0.425kg ISBN: 9780691119700ISBN 10: 0691119708 Pages: 192 Publication Date: 22 July 2007 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: Manufactured on demand We will order this item for you from a manufactured on demand supplier. Language: English Table of ContentsReviewsDevelops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity. -- Nina C. Ayoub, Chronicle of Higher Education [B]rettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights...[N]o one interested in rights or democratic theory can afford to ignore this book. -- A.D. Sarat, Choice Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity. -- Nina C. Ayoub Chronicle of Higher Education ...Brettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights...[N]o one interested in rights or democratic theory can afford to ignore this book. -- A.D. Sarat Choice Author InformationCorey Brettschneider is assistant professor of political science and public policy at Brown University. Tab Content 6Author Website:Countries AvailableAll regions |