Legitimation By Constitution
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Legitimation By Constitution
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Author : Frank Michelman
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22
Legitimation By Constitution written by Frank Michelman 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 2021-11-22 with Law categories.
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Civil Society Constitution And Legitimacy
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Author : Andrew Arato
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2000-04-19
Civil Society Constitution And Legitimacy written by Andrew Arato and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-19 with Philosophy categories.
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.
Law And Revolution
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Author : Nimer Sultany
language : en
Publisher: Oxford University Press
Release Date : 2017
Law And Revolution written by Nimer Sultany 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 History categories.
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Revolutionary Constitutionalism
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-02
Revolutionary Constitutionalism written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.
Tocqueville S Nightmare
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Author : Daniel R. Ernst
language : en
Publisher:
Release Date : 2014
Tocqueville S Nightmare written by Daniel R. Ernst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.
Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber 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 2009-11-26 with Law categories.
Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Constitutional Ratification Without Reason
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Author : Jeffrey A. Lenowitz
language : en
Publisher: Oxford University Press
Release Date : 2022-03-10
Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz 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 2022-03-10 with Law categories.
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Law And Legitimacy In The Supreme Court
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Author : Richard H. Fallon
language : en
Publisher: Harvard University Press
Release Date : 2018-02-19
Law And Legitimacy In The Supreme Court written by Richard H. Fallon 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 2018-02-19 with Law categories.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Sociology Of Constitutions
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Author : Alberto Febbrajo
language : en
Publisher: Routledge
Release Date : 2016-05-05
Sociology Of Constitutions written by Alberto Febbrajo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-05 with Law categories.
This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
The Legitimacy Of International Organizations
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Author : Jean-Marc Coicaud
language : en
Publisher:
Release Date : 2001
The Legitimacy Of International Organizations written by Jean-Marc Coicaud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
The end of the Cold War is only one in a series of events that have radically modified the operational environment of international organizations since their establishment. These changes, many of which have lately been discussed under the term "globalization," include: decolonization; growing awareness of the global nature of many economic, environmental, and public health problems; multiplication of non-governmental organizations; globalization of mass media and the market; rapid developments in the field of biotechnology; and the emergence of new information technologies, particularly the Internet. These developments suggest that the time has come to take a fresh look at the philosophy of international organization. The Legitimacy of International Organizations presents the results of an interdisciplinary research project of the Peace and Governance Programme of the United Nations University. The authors are prominent experts in the fields of social and political philosophy, law, political science, economics, and environmental studies.