Constitutionalism Beyond Liberalism
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Constitutionalism Beyond Liberalism
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Author : Michael W. Dowdle
language : en
Publisher: Cambridge University Press
Release Date : 2017-01-26
Constitutionalism Beyond Liberalism written by Michael W. Dowdle 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 2017-01-26 with Law categories.
Explores the possibilities of constitutionalism from diverse theoretical and comparative perspectives, particularly those from outside liberal and Anglo-European paradigms.
The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017-11-04
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 2017-11-04 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, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó 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.
Deliberative Democracy And Beyond Liberals Critics Contestations
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Author : Katherine van Wormer
language : en
Publisher: OUP Oxford
Release Date : 2000-04-20
Deliberative Democracy And Beyond Liberals Critics Contestations written by Katherine van Wormer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-20 with Political Science categories.
In this ground-breaking study, John Dryzek argues that democratic theory is now dominated by a deliberative approach. As one of those responsible for this turn, John Dryzek now takes issue with the direction it has taken. Discussing the models of democracy advocated by both friends and critics of the deliberative approach, Dryzek shows that democracy should be critical of established power, transitional in extending beyond national boundaries, and dynamic in its openness to changing constraints upon and opportunities for democratization. - ;The past few years have seen a remarkable ferment in the theory of democracy. Deliberative Democracy and Beyond builds on a critical tour through recent democratic theory by one of the leading political theorists in the field. It examines the deliberative turn in democratic theory, which argues that the essence of democratic legitimacy is to be found in authentic deliberations on the part of those affected by a collective decision. The deliberative turn began as a challenge to established institutions and models of democracy, but it has now been largely assimilated by these same institutions and models. Drawing a distinction between liberal constitutionalist deliberative democracy and discursive democracy, the author criticizes the former and advocates the latter. He argues that a defensible theory of democracy should be critical of established power, pluralistic, reflexive in its questioning orientation to established traditions, transnational in its capacity to extend across state boundaries, ecological, and dynamic in its openness to ever-changing constraints upon and opportunities for democratization. Dryzek's reinvigorated approach enables deliberative democracy to respond more effectively to the criticisms that have been leveled against it. - ;Remarkable book ... Dryzek's discussions are unfailingly lucid, and his critical assessments of the literature remain comprehensive and illuminating ... Readers will find much to ponder in what he has to say. - Ethics;The most remarkable and subtle part of Dryzek's argument is his attempt to construct green theory of democratic communication, which takes account of agency and communication in the non-human natural world ... The argument is a bit like crossing a ravine on a bridge of eggshells, and is conducted with considerable intellectual excitement ... Dryzek's discussion is throughout careful, rigorous, detailed, and in dealing with views from which he distinguishes his own position, scrupulously sympathetic. - Democratizaton;This clear and imaginative presentation of recent attempts to make democracy more inclusive than traditional liberal models bounded by the institutions of the state is highly recommended for collections serving upper-division undergraduates, graduate students, and researchers. - Choice;Dryzek is a sharp and authoritative critic, and this will be an influential work ... even the sceptical will do well to engage closely with Dryzek's provocative vision. - Political Studies
Authoritarian Liberalism And The Transformation Of Modern Europe
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Author : Michael A. Wilkinson
language : en
Publisher: Oxford University Press
Release Date : 2021
Authoritarian Liberalism And The Transformation Of Modern Europe written by Michael A. Wilkinson 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.
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Liberalism Constitutionalism And Democracy
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Author : Russell Hardin
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
Liberalism Constitutionalism And Democracy written by Russell Hardin and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Political Science categories.
In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in whichco-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there areharsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.
Constitutional Democracy
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Author : J nos Kis
language : en
Publisher: Central European University Press
Release Date : 2003-01-01
Constitutional Democracy written by J nos Kis and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Political Science categories.
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Liberalism Constitutionalism And Democracy
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Author : Russell Hardin
language : en
Publisher:
Release Date : 1999
Liberalism Constitutionalism And Democracy written by Russell Hardin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Against Constitutionalism
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Author : Martin Loughlin
language : en
Publisher: Harvard University Press
Release Date : 2022-05-17
Against Constitutionalism written by Martin Loughlin 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 2022-05-17 with LAW categories.
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Common Good Constitutionalism
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Author : Adrian Vermeule
language : en
Publisher: John Wiley & Sons
Release Date : 2022-02-08
Common Good Constitutionalism written by Adrian Vermeule and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Sovereignty In Action
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Author : Bas Leijssenaar
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-18
Sovereignty In Action written by Bas Leijssenaar 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 2019-07-18 with History categories.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.