Suchergebnisse

This article focuses on the justification of a positive & a negative attitude respectively towards judicial review. The analysis is performed by textual analysis of the texts of four authors with different opinions on the subject matter: Robert Dahl & Jeremy Waldron who have a negative attitude towards judicial review, & Erwin Chemerinsky & Ronald Dworkin who have a positive attitude. A theoretical model is being used for the analysis, which consists of different dimensions of the issue of democracy & judicial review. The study shows that there are important differences in the democratic values underpinning a positive & a negative attitude. There are differences of opinion on the balance between democracy as; process or substance, rule by the broad mass of people or rule by an elite, the spirit of the community or the rights of the individual. The analysis also points out that there are differences concerning the comprehension of the important democratic concepts of liberty & equality. Figures, References. Adapted from the source document.

The purpose of this article is to study how Sweden's political parties handled the process of constitutional review from 2004-2008. In particular the analysis examines how parties choose between their office-seeking, policy-seeking and vote-seeking goals and the desire to maintain ultra party agreement. Three expectations are identified: (a) parties' different strategic situations lead them to advocate different long-term goals; (b) different parts' levels will take different stands in order to increase their influence vis-a-vis other levels: (c) party leaderships will try to increase their freedom to negotiate with others by avoiding extensive intra party debates or decisions. The study is based on 30 interviews with representatives closely involved in the constitutional-reform process. The conclusion is that parties have self-interested goals as regards the question of how the political game should be regulated. The conflict between different intra-party levels is also obvious. However, due to party members' disinterest in the constitutional review, party leaders did not need to adopt a variety of strategies to avoid a large scale intra-part debate, It was enough for them to claim that the resulting compromise was actually something of a victory' for each party. Adapted from the source document.