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A Pluralist Theory Of Constitutional Justice
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Book Synopsis A Pluralist Theory of Constitutional Justice by : Michel Rosenfeld
Download or read book A Pluralist Theory of Constitutional Justice written by Michel Rosenfeld and published by Oxford University Press. This book was released on 2022-10-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Liberal constitutionalism has come under sharp attack as globalization led to a confluence of huge disparities in wealth, identity-based alienation triggered by mass migration, and accompanying erosions of democracy. Liberal constitutionalism has also been challenged by illiberal populists who have adapted its framework to mask their aim to subvert its core values. These developments bring the nexus between the constitution and justice to the fore--and in particular that concerning distributive justice in its three dimensions of redistribution, recognition, and representation. The book provides a systematic account of the central role of distributive justice in the normative legitimation of liberal constitutions. Because what distributive justice requires is highly contested, and constitutions are supposed to be susceptible of garnering a consensus among those they govern, constitutions only ought to guarantee essential but limited aspects of justice. Drawing on Rawls's insight that distributive justice calls for "constitutional essentials", the book advances the thesis that liberal constitutions must incorporate certain "justice essentials". The book is divided into three parts. Part one examines the combination of current legal, economic, political, and ideological developments that pose challenges to the normative viability of liberal constitutionalism. Part two offers a rereading of the relevant philosophical and jurisprudential literature that sheds crucial theoretical light on the relationship between constitution and justice. This rereading draws on key figures in both the analytic and the continental traditions. Finally, part three makes the case for a thoroughly pluralistic approach being optimal in the quest for a constitution's justice essentials"
Book Synopsis Beyond Constitutionalism by : Nico Krisch
Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Book Synopsis Law, Justice, Democracy, and the Clash of Cultures by : Michel Rosenfeld
Download or read book Law, Justice, Democracy, and the Clash of Cultures written by Michel Rosenfeld and published by Cambridge University Press. This book was released on 2011-09-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
Book Synopsis New Constitutional Horizons by : Cormac Mac Amhlaigh
Download or read book New Constitutional Horizons written by Cormac Mac Amhlaigh and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.
Book Synopsis Debating Legal Pluralism and Constitutionalism by : Guillaume Tusseau
Download or read book Debating Legal Pluralism and Constitutionalism written by Guillaume Tusseau and published by Springer Nature. This book was released on 2020-02-24 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.
Book Synopsis Constitutional Justice by : Trevor R. S. Allan
Download or read book Constitutional Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of Judicial Review
Author :Victor M. Muniz-Fraticelli Publisher :Oxford University Press (UK) ISBN 13 :0199673888 Total Pages :289 pages Book Rating :4.1/5 (996 download)
Book Synopsis The Structure of Pluralism by : Victor M. Muniz-Fraticelli
Download or read book The Structure of Pluralism written by Victor M. Muniz-Fraticelli and published by Oxford University Press (UK). This book was released on 2014-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.
Author :Gavin W. (Gavin William) Anderson Publisher :National Library of Canada = Bibliothèque nationale du Canada ISBN 13 :9780612746794 Total Pages :694 pages Book Rating :4.7/5 (467 download)
Book Synopsis Unthinking Constitutional Law [microform] : Towards a Legal Pluralist Theory of Constitutionalism by : Gavin W. (Gavin William) Anderson
Download or read book Unthinking Constitutional Law [microform] : Towards a Legal Pluralist Theory of Constitutionalism written by Gavin W. (Gavin William) Anderson and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 2002 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pluralism and Law written by A. Soeteman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can we say about justice in a pluralist world? Is there some universal justice? Are there universal human rights? What is the function of the state in the modern world? Such are the problems dealt with by the 20th world congress of the International Association for Philosophy of Law and Social Philosophy (Amsterdam, June 2001) and published in this book, which is for legal and social philosophers, students of human rights, and political philosophers.
Download or read book Words That Bind written by John Arthur and published by Routledge. This book was released on 2018-02-12 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Book Synopsis New Constitutional Horizons by : Cormac S. Mac Amhlaigh
Download or read book New Constitutional Horizons written by Cormac S. Mac Amhlaigh and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a pluralist world of transnational law and governance. More than ever before, multiple legal systems and governing authorities at different levels-state, supranational, international-are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories in terms of our conceptual toolkit of law and legitimate authority fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of transnational pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the plurality of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions to how constitutional theory can be pluralized in the light of these perspectives. Our turbulent times are on a steady trajectory of ever-more pluralism of transnational law and governance to tackle the defining social and political problems of our age involving populism, pandemic, and climate change, and this book provides an essential intervention in debates on how to pluralize constitutional theory to understand and, perhaps more importantly, legitimize the tools to address these shared global problems.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis The Challenges of Justice in Diverse Societies by : Meena K. Bhamra
Download or read book The Challenges of Justice in Diverse Societies written by Meena K. Bhamra and published by Routledge. This book was released on 2016-04-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the urgency to respond to the challenges posed by diversity in contemporary societies, the discussion of normative foundations is often overlooked. This book takes that important first step, and offers new ways of thinking about diversity. Its contribution to an ongoing dialogue in this field lies in the construction of a normative framework which endeavours to better understand the challenges of justice in diverse societies. By applying this normative framework to specific and broader examples of injustices in the spheres of religion, culture, race, ethnicity, gender and nationality, the book demonstrates how constitutional pluralist discourses can contribute both to new and legal responses to diversity. The book will be of interest to legal professionals, policy makers, law students and scholars concerned with exploring diversity in the 21st century.
Book Synopsis In Pursuit of Pluralist Jurisprudence by : Nicole Roughan
Download or read book In Pursuit of Pluralist Jurisprudence written by Nicole Roughan and published by Cambridge University Press. This book was released on 2017-09-14 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in legal practice or are these adequately addressed by current legal theory? What normative challenges are raised, and what fresh promises might the pluralist turn hold? What distinctive insights can it offer for theorising about law? This book presents a rich variety of resources drawn from a number of theoretical approaches and demonstrates how they might be brought together to generate an increasingly important pluralist jurisprudence.
Book Synopsis Impartiality in Context by : Shane O'Neill
Download or read book Impartiality in Context written by Shane O'Neill and published by SUNY Press. This book was released on 1997-07-10 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses critically the work of Rawls, Walzer, and Habermas and presents a theory of justice that responds to two senses of pluralism.
Book Synopsis Politics, Democracy, and the Supreme Court by : Arthur Selwyn Miller
Download or read book Politics, Democracy, and the Supreme Court written by Arthur Selwyn Miller and published by Praeger. This book was released on 1985-09-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.
Book Synopsis Transconstitutionalism by : Marcelo Neves
Download or read book Transconstitutionalism written by Marcelo Neves and published by Bloomsbury Publishing. This book was released on 2013-05-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
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