Sociological Constitutionalism


Sociological Constitutionalism
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Sociological Constitutionalism


Sociological Constitutionalism
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Author : Paul Blokker
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12

Sociological Constitutionalism written by Paul Blokker 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 2017-10-12 with Law categories.


This landmark book provides the first systematic overview of key research in the sociology of constitutions.



Sociology Of Constitutions


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.



Constitutionalism In The Global Realm


Constitutionalism In The Global Realm
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Author : Poul F. Kjaer
language : en
Publisher: Routledge
Release Date : 2014-04-03

Constitutionalism In The Global Realm written by Poul F. Kjaer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Law categories.


This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.



A Sociology Of Constitutions


A Sociology Of Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-14

A Sociology Of Constitutions written by Chris Thornhill 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 2011-07-14 with Law categories.


Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.



From Civil Society To Europe


From Civil Society To Europe
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Author : Grazyna Skapska
language : en
Publisher: BRILL
Release Date : 2011-05-23

From Civil Society To Europe written by Grazyna Skapska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-23 with Social Science categories.


Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.



A Sociology Of Transnational Constitutions


A Sociology Of Transnational Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-15

A Sociology Of Transnational Constitutions written by Chris Thornhill 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 2016-09-15 with History categories.


This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.



Theory Of Societal Constitutionalism


Theory Of Societal Constitutionalism
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Author : David Sciulli
language : en
Publisher: Cambridge University Press
Release Date : 1992

Theory Of Societal Constitutionalism written by David Sciulli 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 1992 with Political Science categories.


The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.



Constitutional Fragments


Constitutional Fragments
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Author : Gunther Teubner
language : en
Publisher: OUP Oxford
Release Date : 2012-03-01

Constitutional Fragments written by Gunther Teubner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-01 with Law categories.


In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.



A Sociology Of Constitutions


A Sociology Of Constitutions
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Author : Chris Thornhill
language : en
Publisher: Cambridge University Press
Release Date : 2011-07-14

A Sociology Of Constitutions written by Chris Thornhill 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 2011-07-14 with Law categories.


Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.



Constitutional Imaginaries


Constitutional Imaginaries
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Author : Jiří Přibáň
language : en
Publisher: Routledge
Release Date : 2021-09-30

Constitutional Imaginaries written by Jiří Přibáň and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.


This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.