Searching For A Leftist Constitutionalism
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Searching For A Leftist Constitutionalism
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Author : Ronald Car
language : en
Publisher: Springer Nature
Release Date :
Searching For A Leftist Constitutionalism written by Ronald Car 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.
Searching For A Leftist Constitutionalism
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Author : Ronald Car
language : en
Publisher: Springer
Release Date : 2024-08-03
Searching For A Leftist Constitutionalism written by Ronald Car and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-03 with Law categories.
Is there a viable leftist constitutionalism that we can juxtapose with liberal constitutionalism, or is there really no alternative? If the left is considered an a priori enemy of the principle of the rule of law, the equal chance condition proves illusory. Accordingly, those asking for changes to social institutions will deem constitutionalism undemocratic. Hence, in our times of silent de-constitutionalization at the global level and rising populism and democratic backsliding at the national level, this book offers a valuable opportunity to reconsider one of the founding principles of liberal constitutionalism, the Rechtsstaat. It re-examines the controversies that accompanied the affirmation of the concept in a long-term perspective, from 1848 to the post-World War II constitutional debates. Since 1848 the German left has challenged the dominant liberal view of legitimacy, mainly by adopting Marx’s critique of the ideology of law and the state. Thus, the left has had to challenge not only the established order, but also the mainstream political and legal culture generated by the liberal discourse on rights. In search of constitutional viability, the left has oscillated between two tendencies. On the one hand, it has denounced the discourse on rights as an ideological smokescreen used by the ruling class to keep us from paying more attention to the actual level of democracy within the parties, the governmental bodies and in everyday social relations. On the other hand, the left has attempted to adjust its platform to the mainstream idea of constitutional legitimacy by devising its own sozialer Rechtsstaat. However, the break-even point has proven hard to find. If the acceptance of liberal principles was seen as less than wholehearted, leftist constitutional proposals aroused suspicions of a coverup for an unconstitutional rule (Unrechtsstaat). On the other hand, when the left has accepted liberal constitutional principles in full, its potential to challenge the social status quo has ultimately proven to be disappointing. The controversy culminated in a desperate and largely unknown attempt to devise a constitutional compromise between Liberalism and Socialism in East Berlin in the wake of the Cold War. Although doomed to fail and devoid of democratic credibility, the debates of the East German constitutional commission in 1948 offer important insights into a century of experiences, trials and errors in constitution-making seen from the leftist perspective.
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.
Against The New Constitutionalism
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Author : Tamás Győrfi
language : en
Publisher:
Release Date : 2016
Against The New Constitutionalism written by Tamás Győrfi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Constitutional law categories.
Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds. The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.--Provided by publisher
The Language Of Liberal Constitutionalism
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Author : Howard Schweber
language : en
Publisher:
Release Date : 2007
The Language Of Liberal Constitutionalism written by Howard Schweber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constitutional law categories.
This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
The Identity Of The Constitutional Subject
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Author : Michel Rosenfeld
language : en
Publisher: Routledge
Release Date : 2009-10-16
The Identity Of The Constitutional Subject written by Michel Rosenfeld and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Law categories.
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Abusive Constitutional Borrowing
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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2021
Abusive Constitutional Borrowing written by Rosalind Dixon 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 Authoritarianism categories.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Constitutional Democracy In Crisis
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Author : Mark A. Graber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Constitutional Democracy In Crisis written by Mark A. Graber 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 2018-08-23 with Law categories.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Constitutionalism And A Right To Effective Government
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Author : Vicki C. Jackson
language : en
Publisher: Cambridge University Press
Release Date : 2022-10-27
Constitutionalism And A Right To Effective Government written by Vicki C. Jackson 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 2022-10-27 with Law categories.
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven J. Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-10-03
The Supreme Court And The Idea Of Constitutionalism written by Steven J. Kautz and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-03 with Law categories.
In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.
