In Civil Rights and the Paradox of Liberal Democracy, Bradley Watson demonstrates the paradox of liberal democracy: that its cornerstone principles of equality and freedom are principles inherently directed toward undermining it. Modernity, beyond bringing definition to political equality, unleashed a whirlwind of individualism, which feeds the soul's basic impulse to rule without limitationincluding the limitation of consent. Here Watson begins his analysis of the foundations of liberalism, looking carefully and critically at the moral and political philosophies that justify modern civil rights litigation. He goes on to examine the judicial manifestations of the paradox of liberal democracy, seeking to bring a broad philosophical coherence to legal decision making in the United States and Canada. Finally, Watson illuminates the extent to which this decision making is in tension with liberal democracy, and outlines proposals for reform.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1962.

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

From the theory of 'deliberative democracy' to the politics of the 'third way', the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jrgen Habermas on one side, and the political tenets of Blair, Clinton and Schrder on the other, Mouffe brings to the fore the paradoxical nature of modern liberal democracy in which the category of the 'adversary' plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings.

Faith, Nationalism, and the Future of Liberal Democracy highlights the use of religious identity to fuel the rise of illiberal, nationalist, and populist democracy. In Faith, Nationalism, and the Future of Liberal Democracy, David Elcott, C. Colt Anderson, Tobias Cremer, and Volker Haarmann present a pragmatic and modernist exploration of how religion engages in the public square. Elcott and his co-authors are concerned about the ways religious identity is being used to foster the exclusion of individuals and communities from citizenship, political representation, and a role in determining public policy. They examine the ways religious identity is weaponized to fuel populist revolts against a political, social, and economic order that values democracy in a global and strikingly diverse world. Included is a history and political analysis of religion, politics, and policies in Europe and the United States that foster this illiberal rebellion. The authors explore what constitutes a constructive religious voice in the political arena, even in nurturing patriotism and democracy, and what undermines and threatens liberal democracies. To lay the groundwork for a religious response, the book offers chapters showing how Catholicism, Protestantism, and Judaism can nourish liberal democracy. The authors encourage people of faith to promote foundational support for the institutions and values of the democratic enterprise from within their own religious traditions and to stand against the hostility and cruelty that historically have resulted when religious zealotry and state power combine. Faith, Nationalism, and the Future of Liberal Democracy is intended for readers who value democracy and are concerned about growing threats to it, and especially for people of faith and religious leaders, as well as for scholars of political science, religion, and democracy.

Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.

In 2005, twelve cartoons mocking the prophet Mohammed appeared in the Danish newspaper Jyllands-Posten, igniting a political firestorm over demands by some Muslims that the claims of their religious faith take precedence over freedom of expression. Given the explosive reaction from Middle Eastern governments, Muslim clerics, and some Danish politicians, the stage was set for a backlash against Muslims in Denmark. But no such backlash occurred. Paradoxes of Liberal Democracy shows how the majority of ordinary Danish citizens provided a solid wall of support for the rights of their country's growing Muslim minority, drawing a sharp distinction between Muslim immigrants and Islamic fundamentalists and supporting the civil rights of Muslim immigrants as fully as those of fellow Danes—for example, Christian fundamentalists. Building on randomized experiments conducted as part of large, nationally representative opinion surveys, Paradoxes of Liberal Democracy also demonstrates how the moral covenant underpinning the welfare state simultaneously promotes equal treatment for some Muslim immigrants and opens the door to discrimination against others. Revealing the strength of Denmark’s commitment to democratic values, Paradoxes of Liberal Democracy underlines the challenges of inclusion but offers hope to those seeking to reconcile the secular values of liberal democracy and the religious faith of Muslim immigrants in Europe.

One of America's most influential social philosophers offers a restatement of traditional liberal-democratic views as they pertain to our constitutional form of government. The topics explored in Sidney Hook's book include the nature and extent of human freedom, the Bill of Rights, judicial review as it pertains to constitutional interpretation and the balance of powers among the three branches of government, censorship, freedom of speech, freedom of religion, social justice, the importance of intelligence in political and moral spheres, as well as civil disobedience and the right to revolution within a democratic order. Here we have a sustained, nonpartisan analysis of the place of the Constitution and judicial review within our democracy. Special emphasis is given to reconsidering the proper role of the Supreme Court if and when a Constitutional Convention is convoked to address this and related questions.

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.