Contested Constitutionalism
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Contested Constitutionalism
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2010
Contested Constitutionalism written by James B. Kelly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Fragile Democracies
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Author : Samuel Issacharoff
language : en
Publisher: Cambridge University Press
Release Date : 2015-06-17
Fragile Democracies written by Samuel Issacharoff 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 2015-06-17 with Law categories.
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Deciphering The Genome Of Constitutionalism
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Author : Ran Hirschl
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-31
Deciphering The Genome Of Constitutionalism written by Ran Hirschl 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 2024-03-31 with Law categories.
"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--
Contested Constitutionalism
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Author : James B. Kelly
language : en
Publisher: UBC Press
Release Date : 2010-01-01
Contested Constitutionalism written by James B. Kelly and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Democracy And Constitutions
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Author : Allan C. Hutchinson
language : en
Publisher: University of Toronto Press
Release Date : 2021
Democracy And Constitutions written by Allan C. Hutchinson and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional law categories.
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-11-29
The Supreme Court And The Idea Of Constitutionalism written by Steven Kautz and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-29 with Political Science categories.
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
Scales Of Memory
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Author : Justin Collings
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-05
Scales Of Memory written by Justin Collings and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
This monograph explores how the constitutional courts in the United States, Germany, and South Africa have invoked slavery, Nazism, and apartheid - three historical evils - as an aid in constitutional interpretation. It examines how the memory of evil pasts moulds constitutional meaning in the contested present.
Our Unsettled Constitution
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Author : Louis Michael Seidman
language : en
Publisher: Berghahn Books
Release Date : 2001
Our Unsettled Constitution written by Louis Michael Seidman and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
An Unamendable Constitution
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Author : Richard Albert
language : en
Publisher: Springer
Release Date : 2018-09-03
An Unamendable Constitution written by Richard Albert and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
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.