Constitutional Theory
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Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Constitutional Theory
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Author : Michael J. Gerhardt
language : en
Publisher:
Release Date : 2013
Constitutional Theory written by Michael J. Gerhardt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties. Among the changes in the Fourth edition: All chapters have been updated to reflect the current state of constitutional theory; Completely new chapters on: constitutional change; conservatives and constitutional theory; progressives and constitutional theory; and the US Constitution and global constitutionalism; New editor Lawrence Solum produces a state of the art chapter on originalism.; Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion. A Teacher's Manual is available to professors.
The Methodology Of Constitutional Theory
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Author : Dimitrios Kyritsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Methodology Of Constitutional Theory written by Dimitrios Kyritsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Modern Constitutional Theory
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Author : John H. Garvey
language : en
Publisher: West Publishing Company
Release Date : 1999
Modern Constitutional Theory written by John H. Garvey and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Constitutional Theory
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Author : Michael J. Gerhardt
language : en
Publisher: Michie
Release Date : 1993
Constitutional Theory written by Michael J. Gerhardt and has been published by Michie this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
New Constitutional Horizons
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Author : Cormac S. Mac Amhlaigh
language : en
Publisher: Oxford University Press
Release Date : 2022-03-21
New Constitutional Horizons written by Cormac S. Mac Amhlaigh 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 2022-03-21 with Law categories.
We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.
Words That Bind
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Author : John Arthur
language : en
Publisher: Routledge
Release Date : 2018-02-12
Words That Bind written by John Arthur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Political Science categories.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
English Constitutional Theory And The House Of Lords 1556 1832 Routledge Revivals
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Author : Corinne Weston
language : en
Publisher: Routledge
Release Date : 2010-01-22
English Constitutional Theory And The House Of Lords 1556 1832 Routledge Revivals written by Corinne Weston and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-22 with History categories.
First published in 1965, this work studies the House of Lords and the various proposals for its reform, abolition or limitation of its powers which have been made in the light o f prevailing theories of the nature and characteristics of the English government. The work also contains a history of the theory of mixed government that arose in Tudor England and lasted until well after the Reform Act of 1832. This history both illuminates the position of the House of Lords and also provides perspective for the study of Democracy in the movement for parliamentary reform. One of the book's most original features is an extensive account of Charles I's Answer to the Nineteen Propostions, out of which came the startling new theory of the constitution, known as "mixed monarchy".
Constitutional Semiotics
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Author : Martin Belov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Constitutional Semiotics written by Martin Belov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
The Constitution And Contemporary Constitutional Theory
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Author : Gary L. McDowell
language : en
Publisher:
Release Date : 1985
The Constitution And Contemporary Constitutional Theory written by Gary L. McDowell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Constitutional law categories.