The Language Of Liberal Constitutionalism
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The Language Of Liberal Constitutionalism
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Author : Howard H. Schweber
language : en
Publisher:
Release Date : 2007
The Language Of Liberal Constitutionalism written by Howard H. 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 categories.
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 Language Of Liberal Constitutionalism
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Author : Howard Schweber
language : en
Publisher: Cambridge University Press
Release Date : 2007-02-26
The Language Of Liberal Constitutionalism written by Howard Schweber 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 2007-02-26 with Philosophy 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.
Constitutional Law Constitutionalism And Democracy
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Author : Nicholas Sunday
language : en
Publisher: GRIN Verlag
Release Date : 2013-05-02
Constitutional Law Constitutionalism And Democracy written by Nicholas Sunday and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-02 with Political Science categories.
Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science
Legitimation By Constitution
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Author : Frank Michelman
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22
Legitimation By Constitution written by Frank Michelman 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 2021-11-22 with Law categories.
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.
Democracy And Authenticity
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Author : Howard H. Schweber
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-31
Democracy And Authenticity written by Howard H. Schweber 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 2011-10-31 with Political Science categories.
In Democracy and Authenticity Professor Howard Schweber examines a basic problem for liberal democracies. When a political entity is characterized by a multitude of identities and values, certain constraints apply to reasons for citizens and public officials to justify coercive political actions. The author argues that justifications based on particular religious doctrines are not a proper basis for government actions that affect everyone. He then develops a concept of public justification intended to guide citizens in a liberal democracy through the work of creating policies that satisfy their responsibilities to one another.
Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt 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 2008-01-23 with Law categories.
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Law As Politics
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Author : David Dyzenhaus
language : en
Publisher: Duke University Press
Release Date : 1998
Law As Politics written by David Dyzenhaus 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 1998 with Law categories.
Articles previously published in the Canadian journal of law and jurisprudence.
Liberal Constitutionalism And Its Contemporary Challenges
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Author : Gordon Albert Babst
language : en
Publisher: Springer Nature
Release Date :
Liberal Constitutionalism And Its Contemporary Challenges written by Gordon Albert Babst 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.
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.