Sovereignty Civic Participation And Constitutional Law


Sovereignty Civic Participation And Constitutional Law
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Sovereignty Civic Participation And Constitutional Law


Sovereignty Civic Participation And Constitutional Law
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Author : Brecht Deseure
language : en
Publisher: Routledge
Release Date : 2021-04-13

Sovereignty Civic Participation And Constitutional Law written by Brecht Deseure and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with History categories.


This book brings recent insights about sovereignty and citizen participation in the Belgian Constitution to scholars in the fields of law, philosophy, history, and politics. Throughout the Western world, there are increasing calls for greater citizen participation. Referendums, citizen councils, and other forms of direct democracy are considered necessary antidotes to a growing hostility towards traditional party politics. This book focuses on the Belgian debate, where the introduction of participatory politics has stalled because of an ambiguity in the Constitution. Scholars and judges generally claim that the Belgian Constitution gives ultimate power to the nation, which can only speak through representation in parliament. In light of this, direct democracy would be an unconstitutional power grab by the current generation of citizens. This book critically investigates this received interpretation of the Constitution and, by reaching back to the debates among Belgium’s 1831 founding fathers, concludes that it is untenable. The spirit, if not the text, of the Belgian Constitution allows for more popular participation than present-day jurisprudence admits. This book is the first to make recent debates in this field accessible to international scholars. It provides a rare source of information on Belgium’s 1831 Constitution, which was in its time seen as modern constitutionalism’s greatest triumph and which became a model for countless other constitutions. Yet the questions it asks reverberate far beyond Belgium. Combining new insights from law, philosophy, history, and politics, this book is a showcase for continental constitutional theory. It will be a valuable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history.



Sovereignty Civic Participation And Constitutional Law


Sovereignty Civic Participation And Constitutional Law
DOWNLOAD eBooks

Author : Brecht Deseure
language : en
Publisher: Routledge
Release Date : 2021-04-13

Sovereignty Civic Participation And Constitutional Law written by Brecht Deseure and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-13 with History categories.


This book brings recent insights about sovereignty and citizen participation in the Belgian Constitution to scholars in the fields of law, philosophy, history, and politics. Throughout the Western world, there are increasing calls for greater citizen participation. Referendums, citizen councils, and other forms of direct democracy are considered necessary antidotes to a growing hostility towards traditional party politics. This book focuses on the Belgian debate, where the introduction of participatory politics has stalled because of an ambiguity in the Constitution. Scholars and judges generally claim that the Belgian Constitution gives ultimate power to the nation, which can only speak through representation in parliament. In light of this, direct democracy would be an unconstitutional power grab by the current generation of citizens. This book critically investigates this received interpretation of the Constitution and, by reaching back to the debates among Belgium’s 1831 founding fathers, concludes that it is untenable. The spirit, if not the text, of the Belgian Constitution allows for more popular participation than present-day jurisprudence admits. This book is the first to make recent debates in this field accessible to international scholars. It provides a rare source of information on Belgium’s 1831 Constitution, which was in its time seen as modern constitutionalism’s greatest triumph and which became a model for countless other constitutions. Yet the questions it asks reverberate far beyond Belgium. Combining new insights from law, philosophy, history, and politics, this book is a showcase for continental constitutional theory. It will be a valuable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history.



The Law On People Power


The Law On People Power
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Author : A. Edsel C. F. Tupaz
language : en
Publisher:
Release Date : 2004

The Law On People Power written by A. Edsel C. F. Tupaz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.




The Human Rights State


The Human Rights State
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Author : Benjamin Gregg
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-04-12

The Human Rights State written by Benjamin Gregg 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 2016-04-12 with Political Science categories.


The nation-state operates on a logic of exclusion: no state can offer citizenship and rights to all people in the world. In The Human Rights State, Benjamin Gregg proposes ways to decouple rights from citizenship, preserving the nation state, in modified form, and allowing human rights to become part of its domestic constitution.



Relocating Sovereignty


Relocating Sovereignty
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Author : Neil Walker
language : en
Publisher: Routledge
Release Date : 2018-02-06

Relocating Sovereignty written by Neil Walker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Political Science categories.


This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c



Definition And Development Of Human Rights And Popular Sovereignty In Europe


Definition And Development Of Human Rights And Popular Sovereignty In Europe
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2011-01-01

Definition And Development Of Human Rights And Popular Sovereignty In Europe written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.


What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?



Sovereignty Referendums In International And Constitutional Law


Sovereignty Referendums In International And Constitutional Law
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Author : İlker Gökhan Şen
language : en
Publisher: Springer
Release Date : 2015-02-19

Sovereignty Referendums In International And Constitutional Law written by İlker Gökhan Şen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-19 with Law categories.


This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.



Constituent Power And The Law


Constituent Power And The Law
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Author : Joel I. Colon-Rios
language : en
Publisher:
Release Date : 2020

Constituent Power And The Law written by Joel I. Colon-Rios and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Constituent power categories.


This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.



Democracy And The Rule Of Law


Democracy And The Rule Of Law
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Author : Adam Przeworski
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-21

Democracy And The Rule Of Law written by Adam Przeworski 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 2003-07-21 with Law categories.


This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.



The People Themselves


The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004

The People Themselves written by Larry Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.


This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.