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The Legal Foundations of Inequality
Roberto Gargarella
其他書名
Constitutionalism in the Americas, 1776-1860
出版
Cambridge University Press
, 2010-04-12
主題
Law / General
Law / Constitutional
Political Science / General
Political Science / Political Ideologies / Democracy
Political Science / Comparative Politics
Political Science / Constitutions
Social Science / Sociology / General
ISBN
0521195020
9780521195027
URL
http://books.google.com.hk/books?id=Tlr2CDGErYcC&hl=&source=gbs_api
EBook
SAMPLE
註釋
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal and with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the "founding period" of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela and explores their legacy to our time.