The Methodology Of Constitutional Theory
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The Methodology Of Constitutional Theory
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Author : Dimitrios Kyritsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Methodology Of Constitutional Theory written by Dimitrios Kyritsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
The Methodology Of Constitutional Theory
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Author : Dimitrios Kyritsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Methodology Of Constitutional Theory written by Dimitrios Kyritsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Law Under A Democratic Constitution
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Author : Lisa Burton Crawford
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-16
Law Under A Democratic Constitution written by Lisa Burton Crawford and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.
Constitutional Semiotics
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Author : Martin Belov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-30
Constitutional Semiotics written by Martin Belov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Law categories.
This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
The Collaborative Constitution
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Author : Aileen Kavanagh
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-26
The Collaborative Constitution written by Aileen Kavanagh 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 2023-10-26 with Law categories.
Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
Canada In The World
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Author : Richard Albert
language : en
Publisher: Cambridge University Press
Release Date : 2018
Canada In The World written by Richard Albert 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 2018 with Law categories.
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Carl Schmitt S State And Constitutional Theory
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Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017-11-17
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann 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 2017-11-17 with Law categories.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Constitutionally Conforming Interpretation Comparative Perspectives
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Author : Matthias Klatt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-11-02
Constitutionally Conforming Interpretation Comparative Perspectives written by Matthias Klatt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-02 with Law categories.
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Equality Before The Law
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Author : Michael P Foran
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-14
Equality Before The Law written by Michael P Foran and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-14 with Law categories.
This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – manifest in a commitment to collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
A Constitutionalist Approach To The European Convention On Human Rights
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Author : Lisa Sonnleitner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-04-21
A Constitutionalist Approach To The European Convention On Human Rights written by Lisa Sonnleitner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.