Four Pillars Of Constitutionalism
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Four Pillars Of Constitutionalism
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Author : Richard Howard Cox
language : en
Publisher:
Release Date : 1998
Four Pillars Of Constitutionalism written by Richard Howard Cox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
This book brings together for the first time in a single volume the four primary documents that, since 1878, have formed a type of "preamble" to the revised United States Code: the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.
Constitutionalism And The Separation Of Powers
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Author : M. J. C. Vile
language : en
Publisher:
Release Date : 1998
Constitutionalism And The Separation Of Powers written by M. J. C. Vile and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
The Jurisprudence Of Constitutional Conflict In The European Union
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Author : Ana Bobić
language : en
Publisher: Oxford University Press
Release Date : 2022
The Jurisprudence Of Constitutional Conflict In The European Union written by Ana Bobić 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 with Conflict of laws categories.
A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.
Handbook On Global Constitutionalism
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Author : Anthony F. Lang
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Handbook On Global Constitutionalism written by Anthony F. Lang 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 2023-11-03 with Political Science categories.
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
Chinese Constitutionalism In A Global Context
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Author : Peng Chengyi
language : en
Publisher: Routledge
Release Date : 2018-08-06
Chinese Constitutionalism In A Global Context written by Peng Chengyi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.
Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.
The Principles Of Constitutionalism
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Author : N. W. Barber
language : en
Publisher: Oxford University Press
Release Date : 2018-07-26
The Principles Of Constitutionalism written by N. W. Barber 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 2018-07-26 with Law categories.
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy 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 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Constitutionalism And The Economy In Africa
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2023-02-03
Constitutionalism And The Economy In Africa written by Charles M. Fombad 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 2023-02-03 with Law categories.
Despite expectations that the celebrated second wave of constitutional democracy in the 1990s would facilitate economic development, Africa remains the continent with the highest level of poverty in the world. The fight against poverty hinges on a vibrant economy that creates jobs and income by generating enough revenue to enable the state to take pro-development measures. However, instead of the economic benefits that were supposed to accrue from the constitutional reforms of the last three decades (including entrenching a market economy), African economies remain weak, a situation that has been aggravated by the COVID-19 pandemic. By focusing on the relationship between constitutionalism and economic growth in Africa, this volume addresses five questions: (1) In the constitutional reforms of the 1990s and thereafter, did constitutions also reflect the shift towards a market economy, and if so, in what manner? (2) Given that agriculture and extractive industries are the main sources of state revenue in many African economies, how are matters of land and other natural resources dealt with constitutionally? (3) Where the market economy is captured in a constitution, what is the state's relationship to that economy: interventionist or laissez-faire, or somewhere in between? Have constitutions also established a 'social' state that provides its citizens with the basic elements of a dignified life? (4) In the process of constitution-making and implementation concerning the economy, what impact has globalization had on constitutionalism and economic growth in Africa? (5) Finally, how has the relationship between constitutionalism and economic growth played out in practice? Is there a symbiotic relationship? Has constitutionalism led (or may do so) to greater economic prosperity? Constitutionalism and the Economy in Africa offers a range of comprehensive arguments and case studies that will be of interest and use to academics, post-graduate students, judges, lawyers, economists, and policy makers involved in the economic role of the State, the impact of globalization, and the constitutional foundations for land and natural resources exploitation.
Willmoore Kendall
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Author : John Albert Murley
language : en
Publisher: Lexington Books
Release Date : 2002
Willmoore Kendall written by John Albert Murley and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Political Science categories.
Willmoore Kendall: Maverick of American Conservatives provides the first book-length study of a man long regarded as a founding father of American intellectual conservatism. This edited collection brings together a diverse range of perspectives on Kendall's life and work and places the post-World War II political theorist in the context of modern American conservatism. Far from providing a monolithic view of Kendall's thought, the contributions illuminate an unconventional, often contradictory, thinker. The book traces the development of Kendall's body of political thought from his early years in Oxford, through his work on John Locke, to the later speculation that produced The Basic Symbols of the American Political Tradition , and analyzes the influence of Leo Strauss on his later work. Including, for the first time in print, the complete correspondence between Kendall and Strauss that significantly shaped Kendall's later work, Willmoore Kendall is a vital contribution to American intellectual history.
The Politics Of Inclusive Pluralism
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Author : Bob Fu
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2020-12-16
The Politics Of Inclusive Pluralism written by Bob Fu and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-16 with Religion categories.
“Long live the red terror!” This and other political slogans were used by China’s communist rulers as leverage for conflict and conflict management during 1949. China’s Cultural Revolution movement understandably fueled anger, fear, and terror among Chinese citizens. Currently, contrary to the positive façade that China, under the control of the Communist Chinese Party (CCP), tries to project regarding human rights, a dark reality reveals a brutal authoritarian state with no concern for religious freedom. What guiding philosophy could best help procure, provide, and protect religious freedom for all in a post-communist, Christianized, democratic China? Bob Fu argues that while various Christianity-oriented theories may appear promising, they fail to provide an adequate pluralistic foundation for protecting the religious freedoms of people of all faiths and none. The predominant theory of political liberalism in the West likewise fails to prove sufficiently inclusive for all faiths and worldviews. As an alternative, the author defends Baorong Duoyuan (inclusive pluralism), his own contextualized theory modeled after principled pluralism. This model, he believes, has the potential to help ensure that religious freedom for all becomes a reality.