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Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes.
In recent years, the power of American judges to make social policy has been significantly broadened. This book is the first to offer a comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it.
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