Constitutionalism And The Paradox Of Principles And Rules
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Constitutionalism And The Paradox Of Principles And Rules
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2021
Constitutionalism And The Paradox Of Principles And Rules written by Marcelo Neves 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 2021 with Law categories.
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject. But the series aims to provide a forum for further innovation in . the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
The Paradox Of Constitutionalism
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Author : Martin Loughlin
language : en
Publisher:
Release Date : 2007
The Paradox Of Constitutionalism written by Martin Loughlin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constituent power categories.
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Constitutionalism And The Paradox Of Principles And Rules
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Author : Marcelo Neves
language : en
Publisher:
Release Date : 2021
Constitutionalism And The Paradox Of Principles And Rules written by Marcelo Neves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional law categories.
This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
Symbolic Constitutionalization
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2022-03-31
Symbolic Constitutionalization written by Marcelo Neves 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 2022-03-31 with Law categories.
The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
The Sociology Of Law And The Global Transformation Of Democracy
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
The Sociology Of Law And The Global Transformation Of Democracy written by Chris Thornhill and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.
The Alexy Poscher Debate On Legal Principles
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Author : Robert Alexy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-06-12
The Alexy Poscher Debate On Legal Principles written by Robert Alexy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-12 with Law categories.
This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher. The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexy's principles theory, which has initially defined 'legal principles' as optimisation requirements, currently argues that they express an 'ideal ought'. Poscher's critique challenges the soundness of Alexy's principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication. For instance, proportionality analysis which incorporates a highly controversial balancing test and the legitimate boundaries of judicial power, hinge on the debate's two opposing views. Yet despite the centrality and pervasiveness of this topic, German contributions to the theoretical and practical impact of legal principles remain generally overlooked by English-speaking scholars. Concluding with David Duarte's critical and meticulous assessment of the debate, this collection bridges that important scholarly gap. Whether or not conversant in the debate on legal principles, legal researchers and advanced law students with interdisciplinary interests in jurisprudence and constitutional law will find in this book a timely and distinctive introduction to leading developments in German legal thinking.
The Globalization Paradox
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Author : Dani Rodrik
language : en
Publisher: OUP Oxford
Release Date : 2012-05-17
The Globalization Paradox written by Dani Rodrik and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Political Science categories.
For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.
The Oxford Handbook Of Caribbean Constitutions
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Author : Richard Albert
language : en
Publisher:
Release Date : 2020
The Oxford Handbook Of Caribbean Constitutions written by Richard Albert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
The Rule Of Law In Brazil
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Author : Juliano Zaiden Benvindo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-07-28
The Rule Of Law In Brazil written by Juliano Zaiden Benvindo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-28 with Law categories.
This book provides a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil. It stresses not only how the rule of law has developed in the legal system, but also how the political institutions and extra-legal organisations have transformed its foundations. The rule of law is not a simple concept when it comes to defining the political, economic, and legal developments of a country like Brazil. Similar to many other Latin American countries, Brazil is a young democracy struggling with its longstanding extractive institutions and entrenched interests. It features, however, one of Latin America's richest constitutional moments, when civil society actively participated in drafting the most democratic constitution in the country's history. Brazil has since strengthened its institutions and the rule of law, but the road toward consolidating them has been challenged by inequality and the legacies of that authoritarian past. The book explores how Brazilian democracy has dealt with the high levels of social inequality and the authoritarian mindset that still play a big role in its fate, and asks whether the country's democratic achievements and institutional framework are sufficiently strong to enforce the rule of law as an imperative for Brazil's development, especially in times when the country is most in need of them.