Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Make-Believe Families And Whiteness, Judy Scales-Trent
Make-Believe Families And Whiteness, Judy Scales-Trent
Journal Articles
No abstract provided.
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Democracy Without A Net? Separation Of Powers And The Idea Of Self-Sustaining Constitutional Constraints On Undemocratic Behavior, James A. Gardner
Journal Articles
The United States Constitution is designed to achieve good government by relying on two distinct systems: a primary system that achieves good governance through democratic electoral accountability; and a set of self-sustaining structural backup systems designed for situations in which the democratic system fails, and which operate by limiting the ability of bad rulers to do serious harm to the public good. A key premise of this kind of dual structural arrangement is that effective backup systems must operate independently of primary democratic systems; because they are needed precisely when democratic mechanisms have failed, they cannot depend for their success …