The partnership conception of democracy
Article Abstract:
Frank Michelman's theories regarding the tensions underlying constitutional democracy are dependent upon his mistaken belief that democracy is synonomous with self-government. The substantive value and procedural utility of democracy do not so easily coincide with those of self-government. A view of democracy which is analogous to principles of partnership, collective responsibility, or ethical integration is necessary. The democratic value of institutions should be judged according to results and not form.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
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Up from individualism
Article Abstract:
The tensions underlying constitutional democracy are more complicated and less complicated than Frank Michelman posits in his attempt at their resolution. Michelman transposes populist and liberal democratic theories in an argument which is ultimately untenable. His view of the US Supreme Court as an institution open to political agitation is faulty in view of realities such as the legal bars to the Courts' attention.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
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Epistemic democracy and minority rights
Article Abstract:
The philosophical tensions underlying constitutional democracy are variations of tensions underlying democracy generally according to Frank Michelman. His attempt at combining procedural and substantive theories of constitutional democracy is not tenable and has little of the stated connection to the jurisprudence of US Supreme Court Justice William Brennan.
Publication Name: California Law Review
Subject: Law
ISSN: 0008-1221
Year: 1998
User Contributions:
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