D.J. Galligan - Böcker

Drawing upon David Hume's observation that, on the one hand people readily submit to authority, while on the other hand, authority depends on their opinion, Keepers of the Common Good examines the intricate interplay between opinion and submission to authority. The author proposes and develops a novel social understanding of constitutional authority and the place of the people. Analysing selected episodes of rebellion throughout history, the book traces the relationship between the people and the officials who govern. From the peasants of Gagliano who rejected the Italian state as illegitimate, to a wealth of rebellions in English history, the book builds on the social foundation earlier eloquently expressed as 'peoples precede nations'. In developing this idea, the author identifies, first, a lower register of constitutional discourse and ideas that emerge naturally within communities, and then, secondly, an upper register that gives meaning and justification to the prevailing constitutional order. By examining both registers, the book reveals their foundations, upon which an illuminating account of social relations between rulers and the ruled, officials, and the people is constructed.The book then identifies three distinct forms of rule: princely rule, people ruling themselves, and rule by representatives. After evaluating each model's explanatory power in explaining how people experience and influence the constitutional field, a fourth model of rule is proposed: the keeper's model. This model is used to explain the place and practice of the people in modern constitutional systems, broadly considered democratic. Although the book is not a study of democracy, a fresh and realistic understanding emerges from the keeper's model of the place of the people within the constitutional field.

Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?'Part III reflects on whether judicial independence be defended and protected.Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary’s Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.

Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?'Part III reflects on whether judicial independence be defended and protected.Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary’s Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.

This volume explores the state of representative democracy on the global stage.It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites.The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model.The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history.Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps?The volume’s target audience – politicians, public servants and interested members of the public – are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.