Liberal Constitutionalism And Its Contemporary Challenges
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Liberal Constitutionalism And Its Contemporary Challenges
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Author : Gordon Albert Babst
language : en
Publisher: Springer Nature
Release Date :
Liberal Constitutionalism And Its Contemporary Challenges written by Gordon Albert Babst and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Moral Foundations Of Constitutional Thought
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Author : Graham Walker
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Moral Foundations Of Constitutional Thought written by Graham Walker and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Philosophy categories.
Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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.
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
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.
Passions And Constraint
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Author : Stephen Holmes
language : en
Publisher: University of Chicago Press
Release Date : 1997-06-08
Passions And Constraint written by Stephen Holmes and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-08 with Political Science categories.
In this collection of essays on the core values of liberalism, Stephen Holmes—noted for his scathing reviews of books by liberalism's opponents—challenges commonly held assumptions about liberal theory. By placing it into its original historical context, Passions and Constraints presents an interconnected argument meant to fundamentally change the way we conceive of liberalism. According to Holmes, three elements of classical liberal theory are commonly used to attack contemporary liberalism as antagonistic to genuine democracy and the welfare state: constitutional constraints on majority rule, the identification of individual freedom with an absence of government involvement, and a strong emphasis on the principle of self-interest. Through insightful essays on Hobbes's analysis of the English Civil War in Behemoth, Bodin's writings on the benefits of limited government, and Mill's views on science and politics, Holmes shows that these basic principles provide, to the contrary, a necessary foundation for the development of democratic, regulatory, and redistributionist politics in the modern era. Holmes argues that the aspirations of liberal democracy—including individual liberty, the equal dignity of citizens, and a tolerance for diversity—are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraint on individual passions provided by institutions. Paradoxically, Holmes argues that such institutional restraints serve to enable, rather than limit, effective democracy. In explorations of subjects ranging from self-interest to majoritarianism to "gag rules," Holmes shows that limited government can be more powerful than unlimited government—indeed, that liberalism is one of the most effective philosophies of state building ever contrived. By restricting the arbitrary powers of government officials, Holmes states, a liberal constitution can increase the state's capacity to focus on specific problems and mobilize collective resources for common purposes. Passions and Constraint is an assessment of what that tradition has meant and what it can mean today.
The Liberal Tradition In Focus
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Author : João Carlos Espada
language : en
Publisher: Lexington Books
Release Date : 2000
The Liberal Tradition In Focus written by João Carlos Espada and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Philosophy categories.
The Liberal Tradition in Focus is a collection of essays by prominent scholars in their fields on the nature of liberalism at the close of the twentieth century. Using a variety of analytical and substantive approaches, the authors compare the "old liberalism" of Locke, Smith, Hume, and Montesquieu to the variety of "new liberalisms" of thinkers such as Rawls, Dworkin, and Foucault. Each chapter of this engaging volume takes up a particular theme--democracy, capitalism, morality, feminism, toleration, constitutionalism, Third Way liberalism--and considers how the new liberalism's understanding differs from the old. The Liberal Tradition in Focus will be a valuable addition to the collections of scholars and students of political science and political philosophy.
A Pluralist Theory Of Constitutional Justice
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Author : Michel Rosenfeld
language : en
Publisher: Oxford University Press
Release Date : 2022-10-17
A Pluralist Theory Of Constitutional Justice written by Michel Rosenfeld 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 2022-10-17 with Law categories.
In recent years, liberal constitutionalism has come under sharp attack. Globalization has caused huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal populists have also adapted the framework of liberal institutionalism, masking their aim to subvert its core values. These developments bring the links between justice and the constitution to the fore, particularly concerning distributive justice in its three dimensions of redistribution, recognition, and representation. A Pluralist Theory of Constitutional Justice provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. The requirements of distributive justice are highly contested, and constitutions are susceptible to influencing those they govern. By drawing on Rawls' insight that distributive justice calls for "constitutional essentials", Rosenfeld advances the thesis that liberal constitutions must incorporate certain "justice essentials". This book is divided into three sections. Part one examines the current legal, economic, political and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of philosophical and jurisprudential literature that sheds crucial light on the relationship between constitution and justice. Finally, part three makes a case for using a thoroughly pluralistic approach in the quest for a constitution's justice essentials.
Western Constitutionalism
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Author : Andrea Buratti
language : en
Publisher: Springer
Release Date : 2019-01-07
Western Constitutionalism written by Andrea Buratti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-07 with Law categories.
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
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.
The Classical Liberal Constitution
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Author : Richard A. Epstein
language : en
Publisher: Harvard University Press
Release Date : 2014-01-06
The Classical Liberal Constitution written by Richard A. Epstein 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 2014-01-06 with Law categories.
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic