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http://ssrn.com/abstract=1067023
 
 

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Athens and America: Constitution Making as an Act of Democratic Justice


Keith Werhan


Tulane University - Law School


Tulane Public Law Research Paper No. 07-13
JUSTICE IN PARTICULAR: FESTSCHRIFT IN HONOUR OF PROFESSOR P.J. KOZYRIS, pp. 521-54, Ant. N. Sakkoulas Publishers, Athens, 2007

Abstract:     
This essay compares the democratic quality of two constitutional moments that were central turning points in two of the most influential democracies in recorded history - the re-codification of Athenian law in 403-399 BCE and the drafting and ratification of the United States Constitution in 1787-1788. Judged in the context of their time and place, the processes of constitution making in both polities were impressively democratic. They were strikingly similar as well. This essay highlights those similarities, as well as an irony: Athens and America may have perfected a democratic process of constitution making in the service of a shared commitment to moderate their democracies.

Number of Pages in PDF File: 26

Keywords: Constitutional Law, Comparative Law, Comparative Constitutional Law

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Date posted: December 9, 2007  

Suggested Citation

Werhan, Keith, Athens and America: Constitution Making as an Act of Democratic Justice. Tulane Public Law Research Paper No. 07-13; JUSTICE IN PARTICULAR: FESTSCHRIFT IN HONOUR OF PROFESSOR P.J. KOZYRIS, pp. 521-54, Ant. N. Sakkoulas Publishers, Athens, 2007. Available at SSRN: http://ssrn.com/abstract=1067023

Contact Information

Keith M. Werhan (Contact Author)
Tulane University - Law School ( email )
6329 Freret Street
New Orleans, LA 70118
United States
504-865-5933 (Phone)
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