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Keeping the People's Liberties: Legislators, Citizens, and Judges as Guardians of Rights ebook

by John J. Dinan


The Delegate Paradox: Why Polarized Politicians Can Represent Citizens Best.

Keeping the People's Liberties: Legislators, Citizens, and Judges as Guardians of Rights. The Delegate Paradox: Why Polarized Politicians Can Represent Citizens Best.

Keeping the People's Liberties. Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. By John J. Dinan Lawrence: University Press of Kansas, 1998. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era. By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative, Virginia, Michigan, and Oregon-Dinan shows that rights have been secured in the American polity in three principal ways.

Keeping the People's Liberties book. By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations.

Professor Dinan is the author of several books, including The American State Constitutional Tradition and Keeping the Peoples Liberties: Legislators, Citizens, and Judges as Guardians of Rights. Professor Dinan received his P. from the University of Virginia.

Working Papers Journal Articles Books and Chapters Software Components. JEL codes New Economics Papers. The RePEc blog The RePEc plagiarism page. Keeping the People's Liberties: Legislators, Citizens, and Judges as Guardians of Rights. By Dinan John J. Lawrence: University Press of Kansas, 1998.

John Dinan is Professor of Politics at Wake Forest University in. .

He is the author of several books, including The American State Constitutional Tradition and Keeping the People’s Liberties: Legislators, Citizens, and Judges as Guardians of Rights, an. John Dinan is Professor of Politics at Wake Forest University in Winston-Salem, North Carolina. He is the author of several books, including The American State Constitutional Tradition and Keeping the People’s Liberties: Legislators, Citizens, and Judges as Guardians of Rights, and he writes an annual entry on state constitutional developments for The Book of the States.

People tend to view the bill of rights as a moral imperative and not as a judicial norm. The people also tend to rely upon bureaucrats to remedy social problems, including even human rights violations, rather than the court. Shigenori Matsui, The protection of ‘Fundamental human rights’ in Japan. Despite the divergences between Japan's social culture and the Liberal Constitutionalism that it purports to have adopted, the country has moved toward closing the gap between the notion and the practice of the law. The trend is more evident in the long term.

Honored Visiting Graduate Faculty.

Which branch of government should be entrusted with safeguarding individual rights? Conventional wisdom assigns this responsibility to the courts, on the grounds that liberty can only be protected through judicial interpretation of bills of rights. In fact it is difficult for many people even to conceive of any other way that rights might be protected. John Dinan challenges this understanding by tracing and evaluating the different methods that have been used to protect rights in the United States from the founding until the present era.By examining legislative statutes, judicial decisions, convention proceedings, and popular initiatives in four representative states—Massachusetts, Virginia, Michigan, and Oregon—Dinan shows that rights have been secured in the American polity in three principal ways. Throughout the eighteenth and nineteenth centuries, rights were protected primarily through representative institutions. Then in the early twentieth century, citizens began to turn to direct democratic institutions to secure their rights. It was not until the mid-twentieth century that judges came to be seen as the chief protectors of liberties.By analyzing the relative ability of legislators, citizens, and judges to serve as guardians of rights, Dinan's study demonstrates that each is capable of securing certain rights in certain situations. Elected representatives are generally capable of protecting most rights, but popular initiatives provide an effective mechanism for securing rights in the face of legislative intransigence, and judicial decisions offer a superior means of protecting liberties in crisis times. Accordingly, rather than viewing rights protection as the peculiar province of any single institution, this task ought to be considered the proper responsibility of all these institutions.By undertaking a comparison of these institutional methods across such a wide expanse of time, Keeping the People's Liberties makes a highly original contribution to the literature on rights protection and provides a new perspective on debates about the contemporary role of representative, populist, and judicial institutions.
Keeping the People's Liberties: Legislators, Citizens, and Judges as Guardians of Rights ebook
Author:
John J. Dinan
Category:
Politics & Government
EPUB size:
1206 kb
FB2 size:
1193 kb
DJVU size:
1619 kb
Language:
Publisher:
University Press of Kansas (September 7, 1998)
Pages:
280 pages
Rating:
4.2
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