Law and Democracy

The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant effect on the practice of law and its theoretical study. Currently this relationship is evident in the impact of recent developments in the practice and theory of democracy that are redolent with implications for law and legal theory. This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory.

Contents: General: Republicanism, liberalism and the law, Mortimer Sellers; The politics of the British constitution, K.D. Ewing; Democracy and positive liberty, Frank Michelman; Legislation, authority and voting, Jeremy Waldron. Liberal Legalism: The moral reading, Ronald Dworkin; Taking freedom seriously, Robin West. Republicanism: Beyond the republican revival, Cass R. Sunstein; Law's republicanism, Kathryn Adams; Republican liberty and its constitutional significance, Philip Pettit. Deliberative Democracy: Paradigms of law, Jürgen Habermas; Law as discourse: bridging the gap between democracy and rights, Michel Rosenfeld; Legal positivism and deliberative democracy, Tom Campbell. Democratic Formalism: The rule of law as a law of rules, Antonin Scalia; Justice Scalia's democratic formalism, Cass R. Sunstein; Originalism in constitutional interpretation, Jeffrey Goldsworthy. Judicial Review: Constitutional democracy and the legitimacy of judicial review, Samuel Freeman; Freeman's defense of judicial review, Jeremy Waldron; On not standing for notwithstanding, John D. Whyte; Standing up for notwithstanding, Peter H. Russell; Name index.

Tom Campbell, Adrienne Stone