Politics And Constitutionalism
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Constitutional Politics
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Author : Sotirios A. Barber
language : en
Publisher: Princeton University Press
Release Date : 2021-03-09
Constitutional Politics written by Sotirios A. Barber 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 2021-03-09 with Law categories.
What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.
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.
Political Culture And Constitutionalism A Comparative Approach
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Author : Daniel P. Franklin
language : en
Publisher: Routledge
Release Date : 2016-09-16
Political Culture And Constitutionalism A Comparative Approach written by Daniel P. Franklin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Political Science categories.
This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.
Constitutions And Constitutionalism
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Author : William George Andrews
language : en
Publisher:
Release Date : 1963
Constitutions And Constitutionalism written by William George Andrews and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Constitutional law categories.
Presents the constitutions of four major world powers (the major British constitutional documents; France, Germany, and Soviet Union's translated into English) within the framework of a theoretical discussion of constitutionalism and constitutions; accompanied by an original essay on constitutionalism.
Constitutionalism Executive Power And The Spirit Of Moderation
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Author : Giorgi Areshidze
language : en
Publisher: SUNY Press
Release Date : 2016-05-20
Constitutionalism Executive Power And The Spirit Of Moderation written by Giorgi Areshidze and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-20 with Political Science categories.
Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, The Role of Courts in Constitutional Democracy, analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, Law and Executive Authority, reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, Liberal Education, Constitutionalism, and Philosophic Moderation, shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
Constitutional Democracy
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Author : Walter F. Murphy
language : en
Publisher: JHU Press
Release Date : 2007
Constitutional Democracy written by Walter F. Murphy and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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Political Constitutionalism
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Author : Richard Bellamy
language : en
Publisher: Cambridge University Press
Release Date : 2007-09-13
Political Constitutionalism written by Richard Bellamy 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 2007-09-13 with Political Science categories.
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
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 New Statesman Book of the Year 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.
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.
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."
Politics And Constitutionalism
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Author : Robert J. Spitzer
language : en
Publisher: State University of New York Press
Release Date : 2000-05-18
Politics And Constitutionalism written by Robert J. Spitzer and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-18 with Political Science categories.
Politics and Constitutionalism presents a collection of eight original essays by leading political science and law scholars, organized to recognize and analyze Louis Fisher's prolific and important body of work. The essays explore the role of all three branches of government in shaping constitutional meaning and institutional behavior, noting that the courts do not have sole interpretive power. This principle is applied to such topics as the dynamic of key court rulings, federalism, war powers, diplomacy, government secrecy, and the impact of the legal community on constitutional interpretation. The book's contributors also turn renewed attention to the study of American institutions as the fountainhead of political analysis, a movement in which Fisher has been a pioneer. Fisher himself contributes a summative essay. Contributors include David Gray Adler, Dean Alfange, Jr., Neal Devins, Louis Fisher, Michael J. Glennon, Loch K. Johnson, Nancy Kassop, and Robert J. Spitzer.