constitution - Making of a New Society Making What should...

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Unformatted text preview: Making of a New Society Making What should be the most basic principles and What features of social and political life? features Who should decide about these principles Who and features, and how? and How can we avoid the mistakes of past, How collapsed political regimes? collapsed what a constitution is what describes the most fundamental aspects of the political regime political governs the determination of all other laws (civil, commercial, family, criminal, etc.) (civil, İs considered as more important and stable İs than any other (lower level) law, such as than such commercial, criminal law commercial, how a constitution is made a) Democracy: rule of the people a) -direct vs indirect -ex ante vs ex post vs -narrow vs broad vs b) Deliberation: communicative interaction -societal process -societal -in an assembly -in four possible scenarios: four Non-democratic + non-deliberative Democratic + non-deliberative Non-democratic + deliberative Democratic + deliberative deliberative setting deliberative a) initial objectives, preferences about their a) realization and beliefs about others realization b) status of the members of the assembly: b) individuals, parties, ethnic or religious groups individuals, c) publicity: audience or media d) size deliberation: more than a vote deliberation: arguing: find persuasive arguments bargaining: you vote with me on my issue, I bargaining: vote with you on your issue vote logrolling: meet me halfway Elster: “civilizing force of hypocrisy” Elster La Rouchefoucauld: “hypocrisy is the homage “hypocrisy that vice pays to virtue” what constitutions say: content what G. Sartori suggests that we need to be clear on two questions about questions content: a) are all constitutions “constitutional”? a) a confusion caused by the Greeks (Aristotle) b) is constitution a text or a regime? a confusion caused by English scholars making of the US constitution making Federalists: Federalists: idea of a unified, central government and a federal constitution federal Anti-federalists: Anti-federalists: separate states and ‘the articles of confederacy’ articles James Madison: A founding father James Pure Democracy: Problem of tyranny of the majority and the rights of the minority rights (Compound) Republic: Separation of powers, and local and federal governments + ‘bill of rights’ rights’ ...
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