Constitutional Ratification Without Reason
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Constitutional Ratification Without Reason
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Author : Jeffrey A. Lenowitz
language : en
Publisher: Oxford University Press
Release Date : 2022-03-10
Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz 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 2022-03-10 with Law categories.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Ratification
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Author : Pauline Maier
language : en
Publisher: Simon and Schuster
Release Date : 2011-06-07
Ratification written by Pauline Maier and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-07 with History categories.
The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
Animals And The Constitution
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Author : John Olusegun Adenitire
language : en
Publisher: Oxford University Press
Release Date : 2025-03-23
Animals And The Constitution written by John Olusegun Adenitire 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 2025-03-23 with Law categories.
Constitutionalism—the idea that constitutions should limit and direct government power—has emerged as the global standard for the exercise of public authority. Its appeal lies in the simple idea that constitutions should secure governance in the interests of the governed. Yet, its popularity has obscured a significant problem: constitutions are centred on the interests of rational human beings, neglecting those who lack such capacities—most notably, non-human animals. Animals and the Constitution breaks new ground by challenging the human-centredness of current constitutional theory and practices. It pioneers a more capacious account of constitutionalism—sentience-based constitutionalism—which is grounded in respect for the interests of all governed sentient beings. The book demonstrates how this account can be implemented in modern constitutions by rethinking four key principles of constitutionalism: fundamental rights, proportionality, rule of law, and democracy. To illustrate how these principles can be reimagined to protect the interests of both humans and animals, the book draws on and examines numerous real-world examples, ranging from judicial recognitions of wild animal rights in Ecuador, to direct democratic votes on primate rights in Switzerland, to entire proposed bills of rights for animals in Finland. A unique combination of constitutional theory, animal ethics, and comparative constitutional law, this book offers a practical blueprint for constitutions to address the moral and legal status of sentient beings.
Referendums As Representative Democracy
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Author : Leah Trueblood
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-04-18
Referendums As Representative Democracy written by Leah Trueblood and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-18 with Law categories.
In referendums on fundamental constitutional issues, do the people come together to make decisions instead of representatives? This book argues no. It offers an alternative theory of referendums whereby they are one of many ordinary ways that voters give direction to their representatives. In this way, the book argues that referendums are better understood as exercises in representative democracy. The book challenges the current treatment of referendums in processes of constitutional change both in the UK and around the world. It argues that referendums have been used under the banner of popular sovereignty in a way that undermines representative institutions. This book makes the case for the use of referendums stronger by showing how they can support, rather than undermine, institutions of representative democracy. Understanding referendums as exercises in representative democracy has broader implications for constitutional democracy as well. Rather than see the power to constitute constitutions as something that happens occasionally in exceptional moments through referendums, this book argues instead that voters constantly have the power to constitute and reconstitute their constitutions.
Democratic Deals
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Author : Melissa Schwartzberg
language : en
Publisher: Harvard University Press - T
Release Date : 2024-06-11
Democratic Deals written by Melissa Schwartzberg and has been published by Harvard University Press - T this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-11 with Political Science categories.
Bargains are a fact of political life. But if bargaining inevitably involves asymmetric power, can it ever be just? Drawing on an analogy to the private law of contracts and on case studies across arenas of civic life, Democratic Deals shows that, subject to proper limits, bargaining can secure political equality and protect fundamental interests.
The Oldest Constitutional Question
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Author : Richard Primus
language : en
Publisher: Harvard University Press
Release Date : 2025-06-03
The Oldest Constitutional Question written by Richard Primus and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-03 with History categories.
Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.
On Constitutional Disobedience
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Author : Louis Michael Seidman
language : en
Publisher: Oxford University Press
Release Date : 2013-01-02
On Constitutional Disobedience written by Louis Michael Seidman 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 2013-01-02 with Political Science categories.
What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.
Constitutional Convention Procedures
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1980
Constitutional Convention Procedures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Constitutional amendments categories.
International Institutional Law
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Author : Henry G. Schermers
language : en
Publisher: BRILL
Release Date : 2011-09-05
International Institutional Law written by Henry G. Schermers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-05 with Law categories.
For the e-version of the NEW 6th Edition of International Institutional Law, please go to: https://brill.com/view/title/36421 In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners. See International Institutional paperback Edition
Proposal And Ratification Of Amendments To The Constitution Of The U S
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 1926
Proposal And Ratification Of Amendments To The Constitution Of The U S written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1926 with categories.