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Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state.
Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal.
Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.
List of contents
Introduction 1. Taking Democracy Seriously 2. Mediating the Values of the Civic Space 3. People of Different Views 4. A Changing Concept of Equality 5. The Democracy Training Programme 6. Karlsruhe and the People Conclusion
About the author
David Miles is a former Carnegie Scholar and teaches international relations at the University of St Andrews. His academic and research interests include comparative politics, political theory, American and German constitutional history, US foreign policy, international relations, and identity. He is Editor-in-Chief of Global Politics Magazine.
Summary
Reformulating a problem both of constitutionalism and of liberalism often discussed in the works of Alexis de Tocqueville, Hannah Arendt, and Ernst-Wolfgang Böckenförde, Miles argues that constitutionalism cannot be seen merely as a mechanism to limit government, as it also has a crucial civic dimension which the liberal state depends on.
