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Constitutional Democracy: Creating and Maintaining a Just Political Order (The Johns Hopkins Series in Constitutional Thought)
 
 
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Constitutional Democracy: Creating and Maintaining a Just Political Order (The Johns Hopkins Series in Constitutional Thought) [Hardcover]

Walter F. Murphy (Author)
4.0 out of 5 stars  See all reviews (1 customer review)


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Book Description

November 2, 2006 The Johns Hopkins Series in Constitutional Thought

Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called "free government." In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances?

Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates -- many of whose arguments track those of real-life political, economic, and legal theorists -- as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.


Editorial Reviews

Review

"This is a significant, impressive work of constitutional theory in its largest and most important sense." -- Choice



"The phrase 'instant classic' may be an oxymoron, but if it can be fairly applied to any recent work in the field of constitutional theory, this is the one." -- Jack Wade Nowlin, Jessie D. Puckett Jr., Law and Politics Book Review



"Constitutional Democracy is an extraordinarily ambitious book, taking as its model nothing less than Aristotle's Politics." -- George Thomas, Claremont Review of Books



"This fine book brings to bear Walter Murphy's manifold gifts: breadth of knowledge about political systems around the world and throughout history, keen critical learning about ancient and modern political thought, deep understanding of constitutional law, and a clear and clever style." -- Ralph Ketcham, Perspectives on Politics



"Constitutional Democracy is, quite simply, a masterpiece. Only someone with Walter Murphy's immense learning could so effectively bridge the gap between constitutional law and political philosophy, and -- as a bonus -- provide a model of how material from other countries can be used to illuminate American law and politics. Only someone with Murphy's playful intellect could make an analysis of the creation and maintenance of free republics so readable and entertaining. One can confidently predict that this marvelous book will become a classic." -- Mary Ann Glendon, Harvard University



"Walter Murphy, one of the world's outstanding constitutional scholars, draws on encyclopedic knowledge of political systems on every continent and throughout history to illuminate the myriad ways in which constitutional democracies have been and can be created and maintained. Grand in scope, profound in insight, this book will long stand as the definitive exploration of the tensions inherent in its title -- the role of constitutionalism in constraining democracy -- and of the efforts of history's great statesmen and women to resolve those tensions." -- Stuart Taylor, National Journal



"This long-awaited magnum opus explores the most important, complex, and perilous of political projects: constitutional design, maintenance, and change. Possessed of a matchless breadth of knowledge and a unique gift for clear and witty prose, Murphy lays bare the lessons of constitution-making from ancient Greece to the present day and from America and Europe to Asia and Africa. Drawing on a half-century's study of political science, philosophy, history, and law, Murphy's Constitutional Democracy is essential reading for scholars, citizens, and would-be statesmen who seek to understand the difficult political choices confronting all who seek just and stable democratic governance." -- Stephen Macedo, Princeton University



"In this magnum opus, Walter Murphy tells [the] story with all the erudition and skill that he has gathered in a lifetime of the study of political systems." -- Journal of the Commonwealth Lawyers' Association

From the Back Cover

Winner, 2007 Best of the Social Sciences, Association of American Publishers' Professional and Scholarly Publishing DivisionWinner, American Association of Publishers' Professional and Scholarly Publishing Award in Government and Politics

In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances?

Murphy tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates -- many of whose arguments track those of real-life political, economic, and legal theorists -- as they debate and draft the components of a constitution. The reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.

"This fine book brings to bear Walter Murphy's manifold gifts: breadth of knowledge about political systems around the world and throughout history, keen critical learning about ancient and modern political thought, deep understanding of constitutional law, and a clear and clever style." -- Perspectives on Politics

"This is a significant, impressive work of constitutional theory in its largest and most important sense." -- Choice

"The phrase 'instant classic' may be an oxymoron, but if it can be fairly applied to any recent work in the field of constitutional theory, this is the one." -- Law and Politics Book Review

"Constitutional Democracy is an extraordinarily ambitious book, taking as its model nothing less than Aristotle's Politics." -- Claremont Review of Books

Walter F. Murphy is the McCormick Professor of Jurisprudence Emeritus at Princeton University and a recipient of the Lifetime Achievement Award of the Law and Courts Section of the American Political Science Association. He is the author of numerous scholarly books, articles, and textbooks, as well as several novels, including Vicar of Christ.


Product Details

  • Hardcover: 568 pages
  • Publisher: The Johns Hopkins University Press (November 2, 2006)
  • Language: English
  • ISBN-10: 0801884705
  • ISBN-13: 978-0801884702
  • Product Dimensions: 9.4 x 6.2 x 1.6 inches
  • Shipping Weight: 2 pounds
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,058,889 in Books (See Top 100 in Books)

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4 of 4 people found the following review helpful:
4.0 out of 5 stars Scholarly and yet interesting, July 28, 2007
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This review is from: Constitutional Democracy: Creating and Maintaining a Just Political Order (The Johns Hopkins Series in Constitutional Thought) (Hardcover)
Murphy has made a scholarly subject interesting even for those who do not have a background in theory of governments and practical politics. The form and nature of our governments are of utmost important to our individual life- plans and a happy life. Murphy reaches the conclusion, via a debate, that Constitutional Democracy is the best form of government to fulfill aspirations of citizens. Rejecting all forms of dictatorship and totalitarianism at the outset Murphy's debaters consider constitutional democracy, representative democracy, coercive capitalism, consociational democracy and perfectionism. The debaters put forward their point of view in favor of the system they think is the best. Here, Murphy has drawn from experience of nations and political philosophy from ancient times till to today to present pros and cons of each system. He ultimately chooses Constitutional Democracy rejecting others. His book can serve as a guide in creation of institutions required for functioning of a constitutional democracy. His detailed treatment of maintaining and changing a constitutional order brings to our attention the great complexities of our political system which we take for granted and are instead inundated with an overdose of everyday squabbles of vested interests, what we call petty politics.

That such a scholarly work has typos and factual errors is regrettable.

There are one or two incomplete sentences, wrong words in sentences making them incomprehensible and factual errors. With my knowledge limited to details of India, I have noticed that facts about examples from India are mistaken about religious identities of the parties involved. While praising the maturity of Indian voters in ousting Indira Gandhi from power because she tried to subvert democratic institutions, he does not mention that the same people voted her back to power within two and a half years.

That such short a public memory is a lesson to be learned for people considering design of a political system seems to have missed his attention. However, this does not much reduce the importance of his work which should be read by anybody interested in understanding the complex world of governance.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
alternative political systems, comparative constitutional law, constitutional politics, purposive interpretation, democratic persuasion, designing democratic institutions, constitutional deliberation, constitutional dialogues, constitutionalist checks, constitutionalist critic, new constitutional democracy, chair intervenes, constitutional maintenance, guided capitalism, partners for democracy, new constitutional text, perfectionist state, chair interrupts, constitutionalist theory, constitutional interpreters, new constitutional order, constitutional failure, military neutrality
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, United States, Supreme Court, Princeton University Press, Oxford University Press, Harvard University Press, Civil Law, New Haven, Cambridge University Press, Yale University Press, University of Chicago Press, Colonel Martin, South Africa, World War, Johns Hopkins University Press, Professor Jacobsohn, Basic Law, Professor Deukalion, Minister Pilsudski, The Federalist, Minister Strega, The Debate, Free Press, Constitutional Court, University of California Press
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