Constitutionalism And The Rule Of Law
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Constitutionalism And The Rule Of Law
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Author : Maurice Adams
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-02
Constitutionalism And The Rule Of Law written by Maurice Adams 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 2017-02-02 with Law categories.
An exploration of how rule of law and constitutional ideals inform, and are informed by, political realities.
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.
A Companion To Contemporary Political Philosophy
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Author : Robert E. Goodin
language : en
Publisher:
Release Date : 2007
A Companion To Contemporary Political Philosophy written by Robert E. Goodin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Rule Of Law Common Values And Illiberal Constitutionalism
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Author : Tímea Drinóczi
language : en
Publisher: Routledge
Release Date : 2020-09-08
Rule Of Law Common Values And Illiberal Constitutionalism written by Tímea Drinóczi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-08 with Law categories.
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
Constitutions In Crisis
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Author : John E. Finn
language : en
Publisher: Oxford University Press
Release Date : 1990-12-27
Constitutions In Crisis written by John E. Finn 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 1990-12-27 with Law categories.
In this compelling study, which unites the fields of constitutional theory and comparative politics, John E. Finn examines how the efforts of two western liberal democracies, the United Kingdom and the Federal Republic of Germany, to cope with domestic terrorism threatens their constitutional integrity. Finn argues first that widespread political violence challenges the presuppositions of constitutional authority in any liberal democracy, namely that reason and deliberation, and not passion or will, can be the basis of political community. Terrorism therefore constitutes both a specific type of constitutional emergency and a challenge to the more general enterprise of constitutional maintenance. He then proceeds to review the efforts of the United Kingdom and Germany to control political violence through emergency legislation, and considers to what extent such measures comport with the demands of constitutionalism and the rule of law.
Constitutional Morality And The Rise Of Quasi Law
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Author : Bruce P. Frohnen
language : en
Publisher: Harvard University Press
Release Date : 2016-06-13
Constitutional Morality And The Rise Of Quasi Law written by Bruce P. Frohnen 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 2016-06-13 with Law categories.
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Constitutionalism And Political Reconstruction
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Author : Saïd Amir Arjomand
language : en
Publisher: BRILL
Release Date : 2007-08-31
Constitutionalism And Political Reconstruction written by Saïd Amir Arjomand and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-31 with Political Science categories.
This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.
The Rule Of Law In Central Europe
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Author : Jiri Pribán
language : en
Publisher: Routledge
Release Date : 2019-06-04
The Rule Of Law In Central Europe written by Jiri Pribán and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-04 with Law categories.
First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.
The Rule Of Law And The Australian Constitution
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Author : Lisa Burton Crawford
language : en
Publisher:
Release Date : 2017-04-27
The Rule Of Law And The Australian Constitution written by Lisa Burton Crawford and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-27 with Australia categories.
* The Rule of Law and the Australian Constitution, has been cited with approval and discussed by Edelman J in Graham v Minister for Immigration and Border Protection, handed down by the High Court today (at [106] at [175])_______________________________________________________________________________________________________________________________________________________________The rule of law is one of the most cherished political ideals in the modern world. Even though we disagree about what the rule of law means, we all seem to agree that it is a worthy goal, to which any good legal system should aspire. Yet, some argue that this is not enough; that the rule of law is too important to be left in the realm of politics, and must be protected by legal means.References to the rule of law now appear, with apparently increasing frequency, in case law from across the common law world. In some countries, it has been claimed that the government can never validly act in a way that is contrary to the rule of law. The position in Australia remains unclear. There is no mention of the rule of law in our constitutional text - but in the Communist Party Case, Dixon J said that the rule of law 'forms an assumption' of the Australian Constitution. This statement has often been repeated, but never properly analysed.Taking Dixon J's statement as its starting point, this book examines the extent to which the rule of law is protected and promoted by the Australian Constitution - indeed, how the complex and contested concept of the rule of law should be understood within the Australian constitutional order.This wide-ranging and engaging book combines theoretical analysis of the concept of the rule of law and constitutionalism with doctrinal analysis of the case law of the Australian High Court. It examines the nature and limits of legislative, executive and judicial power, and so should appeal to constitutional and administrative lawyers, scholars and practitioners. The book adds an Australian voice to global debates and a novel perspective on that enduring question of how to create 'a government of laws rather than of men'.
Constitutionalism And The Rule Of Law In America
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Author : Herman Belz
language : en
Publisher:
Release Date : 2009-03-09
Constitutionalism And The Rule Of Law In America written by Herman Belz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-09 with Law categories.