The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

On the Rule of Law: History, Politics, Theory

ods for harnessing the creativity of people in groups, and in the process has created powerful business models that are reshaping our economy. As the Web has undermined old media and software companies, it has demonstrated the enormous power of a new approach, often referred to as Web 2.0. In a nutshell: the secret to the success of bellwethers like Google, Amazon, eBay, Craigslist, Wikipedia, Facebook, and Twitter is that each of these sites, in its own way, has learned to harness the power of its users to add value to—no, more than that, to co-create—its offerings. Now, a new generation has come of age with the Web, and it is committed to using its lessons of creativity and collaboration to address challenges facing our country and the world. Meanwhile, with the proliferation of issues and not enough resources to address them all, many government leaders recognize the opportunities Web 2.0 technologies provide not just to help them get elected, but to help them do a better job. By analogy, many are calling this movement Government 2.0. What the heck does that mean?

/pdf/government-as-a-platform-y4jj5l8i5h.pdf

Government as a Platform

Although normative questions about the role of the Supreme Court as a countermajoritarian institution have long excited controversy in democratic theory, empirical questions about how far the Court acts contrary to majoritarian opinion have received less attention. Time series analyses for the period 1956–89 indicate the existence of a reciprocal and positive relationship between long-term trends in aggregate public opinion and the Court's collective decisions. The Court's ideological composition changes in response to previous shifts in the partisan and ideological orientation of the president and Congress. The Court also responds to public opinion at the margins even in the absence of membership change. Since 1981, the relationship has vanished or turned negative in direction. The Court's ideological balance has been upset by an unbroken string of conservative-to-moderate appointments, thereby undermining the dynamics that promote judicial responsiveness and raising questions about the majoritarianism of the contemporary and future Court.

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0003055400099093

The supreme court as a countermajoritarian institution? the impact of public opinion on supreme court decisions

How does the U.S. Supreme Court reach decisions? Since the 1940s, scholars have focused on two distinct explanations. The legal model suggests that the rule of law (stare decisis) is the key determinant. The extralegal model posits that an array of sociological, psychological, and political factors produce judicial outcomes. To determine which model better accounted for judicial decisions, we used Supreme Court cases involving the imposition of the death penalty since 1972 and estimated and evaluated the models' success in accounting for decisional outcomes. Although both models performed quite satisfactorily, they possessed disturbing weaknesses. The legal perspective overpredicted liberal outcomes, the extralegal model conservative ones. Given these results, we tested another proposition, namely that extralegal and legal frameworks present codependent, not mutually exclusive, explanations of decision making. Based on these results, we offer an integrated model of Supreme Court decision making that contemplates a range of political and environmental forces and doctrinal constraints.

On the nature of supreme court decision making

This research examines the linkages among institutional legitimacy, perceptions of procedural justice, and voluntary compliance with unpopular institutional decisions within the context of political intolerance and repression. Several questions are addressed, including: To what degree do judicial decisions contribute to the acceptance of unpopular political decisions? Do court decisions have a greater power to legitimize than the decisions of other political institutions? Are courts perceived as more procedurally fair than other political institutions? Do perceptions of procedural fairness-be it in a court or legislative institution-contribute to the efficacy of institutional decisions? The basic hypothesis of this research is that to the extent that an institution employs fair decisionmaking procedures, it is viewed as legitimate and citizens are more likely to comply with its decisions, even when they are unpopular. Based on an analysis of national survey data, I conclude that, although perceptions of institutional procedure have little impact on compliance, institutional legitimacy does seem to have some effect. The United States Supreme Court in particular seems to have some ability to elicit acceptance of public policies that are unpopular with the mass public. This effect is greatest among opinion leaders. I conclude with some observations about how these findings fit with the growing literature on procedural justice and with some thoughts about the implications of the findings for the protection of democratic liberty.

Understandings of justice: Institutional legitimacy, procedural justice, and political tolerance.

Hailed as "the Oxford English Dictionary of American constitutional history," the print edition of The Founders' Constitution has proved since its publication in 1987 to be an invaluable aid to all those seeking a deeper understanding of one of our nation's most important legal documents. In this unique anthology, Philip B. Kurland and Ralph Lerner draw on the writings of a wide array of people engaged in the problem of making popular government safe, steady, and accountable. The documents included range from the early seventeenth century to the 1830s, from the reflections of philosophers to popular pamphlets, from public debates in ratifying conventions to the private correspondence of the leading political actors of the day. These rich and varied materials are arranged, first, according to broad themes or problems to which the Constitution of 1787 has made a significant and lasting contribution. Then they are arranged by article, section, and clause of the U.S. Constitution, from the Preamble through Article Seven and continuing through the first twelve Amendments.

The Founders' Constitution

Landmark briefs and arguments of the Supreme Court of the United States : constitutional law

https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=11838&context=journal_articles

Of church and state and the Supreme Court

Politics, the Constitution, and the Warren Court

/pdf/the-people-and-the-court-272tj9eokl.pdf

Philip B. Kurland

Papers

The Founders' Constitution

Landmark briefs and arguments of the Supreme Court of the United States : constitutional law

Of church and state and the Supreme Court

Politics, the Constitution, and the Warren Court

The people and the court