Since ancient Athens, democrats have taken pride in their power and
inclination to change their laws, yet they have also sought to
counter this capacity by creating immutable laws. In Democracy and
Legal Change, Melissa Schwartzberg argues that modifying law is a
fundamental and attractive democratic activity. Against those who
would defend the use of 'entrenchment clauses' to protect key
constitutional provisions from revision, Schwartzberg seeks to
demonstrate historically the strategic and even unjust purposes
unamendable laws have typically served, and to highlight the
regrettable consequences that entrenchment may have for democracies
today. Drawing on historical evidence, classical political theory,
and contemporary constitutional and democratic theory, Democracy
and Legal Change reexamines the relationship between democracy and
the rule of law from a new, and often surprising, set of vantage
points.
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