The Paradox Of Constitutionalism
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The Paradox Of Constitutionalism
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Author : Martin Loughlin
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
The Paradox Of Constitutionalism written by Martin Loughlin 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 2007 with Law categories.
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Constitutionalism And The Paradox Of Principles And Rules
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2021
Constitutionalism And The Paradox Of Principles And Rules written by Marcelo Neves 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 Law categories.
This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
The Twilight Of Constitutionalism
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Author : Petra Dobner
language : en
Publisher: Oxford University Press
Release Date : 2010-02-11
The Twilight Of Constitutionalism written by Petra Dobner 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 2010-02-11 with Law categories.
The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --
Judicial Power And The Charter
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Author : Christopher P. Manfredi
language : en
Publisher: Don Mills, Ont. : Oxford University Press
Release Date : 2001
Judicial Power And The Charter written by Christopher P. Manfredi and has been published by Don Mills, Ont. : Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book examines the paradox at the heart of the relationship between judicial power and liberal constitutionalism in Canada, the use of judicial power to review and nullify or modify policies enacted by democratically accountable decision-makers. In this new edition, Manfredi refines his original argument and brings the content completely up to date.
The Supreme Court And The Idea Of Constitutionalism
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Author : Steven Kautz
language : en
Publisher: University of Pennsylvania Press
Release Date : 2011-11-29
The Supreme Court And The Idea Of Constitutionalism written by Steven 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 2011-11-29 with Political Science categories.
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
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.
Language Democracy And The Paradox Of Constituent Power
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Author : Catherine Frost
language : en
Publisher: Routledge
Release Date : 2021-04-19
Language Democracy And The Paradox Of Constituent Power written by Catherine Frost and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-19 with Political Science categories.
In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.
Constitutionalism Identity Difference And Legitimacy
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Author : Michel Rosenfeld
language : en
Publisher: Duke University Press
Release Date : 1994
Constitutionalism Identity Difference And Legitimacy written by Michel Rosenfeld 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 1994 with History categories.
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Modern Constitutions
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Author : Rogers M. Smith
language : en
Publisher: Democracy, Citizenship, and Company
Release Date : 2020
Modern Constitutions written by Rogers M. Smith and has been published by Democracy, Citizenship, and Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with History categories.
The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.
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.