Forms Of Pluralism And Democratic Constitutionalism
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Forms Of Pluralism And Democratic Constitutionalism
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Author : Jean L. Cohen
language : en
Publisher: Columbia University Press
Release Date : 2018-09-25
Forms Of Pluralism And Democratic Constitutionalism written by Jean L. Cohen and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-25 with Political Science categories.
The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar
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Author : Katharina Boele-Woelki
language : en
Publisher: Springer Nature
Release Date : 2020-12-17
General Reports Of The Xxth General Congress Of The International Academy Of Comparative Law Rapports G N Raux Du Xx Me Congr S G N Ral De L Acad Mie Internationale De Droit Compar written by Katharina Boele-Woelki and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Law categories.
This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.
Constitutionalism And Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1988
Constitutionalism And Democracy written by Jon Elster 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 1988 with Philosophy categories.
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Constitutional Pluralism In The European Union And Beyond
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Author : Matej Avbelj
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-29
Constitutional Pluralism In The European Union And Beyond written by Matej Avbelj and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-29 with Law categories.
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
Routledge International Handbook Of Contemporary Social And Political Theory
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Author : Gerard Delanty
language : en
Publisher: Taylor & Francis
Release Date : 2011-03-23
Routledge International Handbook Of Contemporary Social And Political Theory written by Gerard Delanty and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-23 with Philosophy categories.
The Handbook will address a range of issues that have emerged out of recent social and political theory. It will focus on key themes as opposed to schools of thought or major theorists. Each chapter is an emerging, cutting edge topic that is of interest both to social theory and to political theory. Most topics will have a clear and substantive focus on social or political problems.
The Oxford Handbook Of Global Legal Pluralism
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Author : Paul Schiff Berman
language : en
Publisher:
Release Date : 2020
The Oxford Handbook Of Global Legal Pluralism written by Paul Schiff Berman 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.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Confucian Constitutionalism
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Author : Sungmoon Kim
language : en
Publisher: Oxford University Press
Release Date : 2023
Confucian Constitutionalism written by Sungmoon Kim 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 2023 with Philosophy categories.
In Confucian Constitutionalism, Sungmoon Kim presents a constitutional theory of democratic self-government that is normatively appealing and politically practicable in East Asia's historically Confucian societies, which are increasingly pluralist, multicultural, and rights sensitive. While Confucian political theorists are preoccupied with how to build a Confucianism-inspired institution that would make a given polity more meritorious, Kim offers a robust normative theory of Confucian constitutionalism--what he calls "Confucian democratic constitutionalism"--with special attention to value pluralism and moral disagreement. Aiming to contribute to both political theory and comparative law, Confucian Constitutionalism explains how Confucian democratic constitutionalism differs from and improves upon liberal legal constitutionalism, political constitutionalism, and Confucian meritocratic constitutionalism.
A Global Law Of Diversity
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Author : Nicolò Paolo Alessi
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-25
A Global Law Of Diversity written by Nicolò Paolo Alessi and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-25 with Law categories.
This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development. The work thus assesses the appropriateness of the existing mainstream theoretical tools and concepts – in particular minority and minority-related concepts as well as rights discourse – to grasp the ongoing evolution of this field of law. A reconsideration of the traditional conceptual categories and the introduction of the concept “Law of Diversity” is proposed as a theoretical framework to grasp the ongoing developments in this area. Among the models studied, those that are referred to as emergent models for the accommodation of diversity in the Global North appear to be particularly in need of theoretical recognition. To this end, the theory of federalism is used to serve a rather unexplored theoretical function. Federal theory is put forward as a theoretical instrument to frame and explain the emergent instruments for the accommodation of diversity, as well as provide practical solutions for their development. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law, minority and indigenous rights law, and federal studies. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
An Interdisciplinary Journey From Non Discrimination To Collective Rights
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Author : Jessika Eichler
language : en
Publisher: Springer Nature
Release Date : 2024-04-22
An Interdisciplinary Journey From Non Discrimination To Collective Rights written by Jessika Eichler and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-22 with Law categories.
This book develops a critique of the equality paradigms and principles to be found in the majority of today’s legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite’ end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference’. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization’, which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.
Democratic Constitutionalism In India And The European Union
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Author : Philipp Dann
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Democratic Constitutionalism In India And The European Union written by Philipp Dann and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.