Constitutional Law Constitutionalism And Democracy


Constitutional Law Constitutionalism And Democracy
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Constitutional Law Constitutionalism And Democracy


Constitutional Law Constitutionalism And Democracy
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Author : Nicholas Sunday
language : en
Publisher: GRIN Verlag
Release Date : 2013-05-02

Constitutional Law Constitutionalism And Democracy written by Nicholas Sunday and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Political Science categories.


Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science



The Constitution Of Freedom


The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017

The Constitution Of Freedom written by András Sajó and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.



Constitutions And Political Theory


Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996

Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.


Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.



Constitutionalism And Democracy


Constitutionalism And Democracy
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05

Constitutionalism And Democracy written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.


Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.



Constitutional Democracy


Constitutional Democracy
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Author : Walter F. Murphy
language : en
Publisher: JHU Press
Release Date : 2007

Constitutional Democracy written by Walter F. Murphy and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


Publisher Description



Constitutionalism And Democracy


Constitutionalism And Democracy
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Author : Douglas Greenberg
language : en
Publisher: Oxford University Press
Release Date : 1993-07-08

Constitutionalism And Democracy written by Douglas Greenberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-07-08 with Law categories.


The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.



Democratizing Constitutional Law


Democratizing Constitutional Law
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Author : Thomas Bustamante
language : en
Publisher: Springer
Release Date : 2016-04-19

Democratizing Constitutional Law written by Thomas Bustamante and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with Law categories.


This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.



Constitutionalism And Democratic Transitions


Constitutionalism And Democratic Transitions
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Author : Veronica Federico
language : en
Publisher: Firenze University Press
Release Date : 2006

Constitutionalism And Democratic Transitions written by Veronica Federico and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description



Democracy And Constitutionalism In India


Democracy And Constitutionalism In India
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Author : Sudhir Krishnaswamy
language : en
Publisher: Oxford University Press
Release Date : 2010-11-03

Democracy And Constitutionalism In India written by Sudhir Krishnaswamy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-03 with Law categories.


The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.



The People Themselves


The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004

The People Themselves written by Larry Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.


Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.