Revolutionary Constitutionalism
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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.
The Mandate Of Dignity
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Author : Drucilla Cornell
language : en
Publisher: Fordham Univ Press
Release Date : 2016-02-01
The Mandate Of Dignity written by Drucilla Cornell and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-01 with Political Science categories.
A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin’s work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin’s challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.
Revolutionary Constitutions
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Author : Bruce Ackerman
language : en
Publisher: Harvard University Press
Release Date : 2019-05-13
Revolutionary Constitutions written by Bruce Ackerman 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 2019-05-13 with Political Science categories.
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
Constitutional Revolution
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Author : Gary Jeffrey Jacobsohn
language : en
Publisher: Yale University Press
Release Date : 2020-05-19
Constitutional Revolution written by Gary Jeffrey Jacobsohn and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-19 with Political Science categories.
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
Revolutionary Constitutions
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Author : Bruce A. Ackerman
language : en
Publisher:
Release Date : 2019
Revolutionary Constitutions written by Bruce A. Ackerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with LAW categories.
Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds--or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders' acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors' successes and profit from their mistakes, and sets up the next volume in Ackerman's distinguished multivolume work, which will address how elites and insiders coopt and destroy the momentum of revolutionary movements.--
The Revolutionary Constitution
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Author : David J. Bodenhamer
language : en
Publisher: Oxford University Press
Release Date : 2012-02-01
The Revolutionary Constitution written by David J. Bodenhamer 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 2012-02-01 with History categories.
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Power And Liberty
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Author : Gordon S. Wood
language : en
Publisher: Oxford University Press
Release Date : 2021
Power And Liberty written by Gordon S. Wood 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 with History categories.
Written by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.
Constitutional Revolutions
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Author : Robert Justin Lipkin
language : en
Publisher: Duke University Press
Release Date : 2000-05-17
Constitutional Revolutions written by Robert Justin Lipkin and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-17 with Law categories.
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
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.
Constitutional Revolution
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Author : Ulrich K. Preuss
language : en
Publisher: Humanity Books
Release Date : 1995-08
Constitutional Revolution written by Ulrich K. Preuss and has been published by Humanity Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08 with categories.
Analyses the connections between the concept of constitutionalism and the idea of progress. This book sees serious challenges to constitutionalism and opens the debate as to whether the modern constitutional state will be able to cope.