Constitutionalism Justified

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Constitutionalism Justified

Author : Ester Herlin-Karnell
Publisher : Oxford University Press, USA
ISBN 13 : 0190889055
Total Pages : 385 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutionalism Justified by : Ester Herlin-Karnell

Download or read book Constitutionalism Justified written by Ester Herlin-Karnell and published by Oxford University Press, USA. This book was released on 2019 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rainer Forst is a leading German political philosopher and was named "the most important political philosopher of his generation" upon his 2012 receipt of the Leibniz Prize. This book brings together discussion from political philosophy, constitutional theory, and legal philosophy to examine Forst's theory of justice, paying special attention to the application of his moral theory to legal fields. Forst then responds to his interlocutors in a concluding chapter. The book is structured from the general to the specific, and begins by examining Forst's "right to justification" as the basis for justice. This right is in the second section extended to the realm of constitutional theory. The third section addresses justification and proportionality within constitutional law. The concluding section sees Forst respond to the foregoing chapters"--

Constitutionalism Justified

Author : Ester Herlin-Karnell
Publisher : Oxford University Press
ISBN 13 : 0190889071
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutionalism Justified by : Ester Herlin-Karnell

Download or read book Constitutionalism Justified written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2019-10-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Against the New Constitutionalism

Author : Tamas Gyorfi
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473010
Total Pages : 288 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Against the New Constitutionalism by : Tamas Gyorfi

Download or read book Against the New Constitutionalism written by Tamas Gyorfi and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal position against strong constitutional review that puts the emphasis on epistemic considerations. The author considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship.

Common Good Constitutionalism

Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Constitutionalism

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Constitutionalism by : Charles Howard McIlwain

Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Foundations of American Constitutionalism

Author : David A. J. Richards
Publisher : Oxford University Press, USA
ISBN 13 : 0195059395
Total Pages : 332 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Foundations of American Constitutionalism by : David A. J. Richards

Download or read book Foundations of American Constitutionalism written by David A. J. Richards and published by Oxford University Press, USA. This book was released on 1989 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.

Conscience and the Constitution

Author : David A. J. Richards
Publisher : Princeton University Press
ISBN 13 : 1400863562
Total Pages : 308 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Conscience and the Constitution by : David A. J. Richards

Download or read book Conscience and the Constitution written by David A. J. Richards and published by Princeton University Press. This book was released on 2014-07-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 9780199752539
Total Pages : 176 pages
Book Rating : 4.7/5 (525 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

No Treason

Author : Lysander Spooner
Publisher : Read Books Ltd
ISBN 13 : 1447488903
Total Pages : 60 pages
Book Rating : 4.4/5 (474 download)

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Book Synopsis No Treason by : Lysander Spooner

Download or read book No Treason written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-04-16 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as “the greatest case for anarchist political philosophy ever written”, Spooner’s lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Constitutionalism, Identity, Difference, and Legitimacy

Author : Michel Rosenfeld
Publisher : Duke University Press
ISBN 13 : 9780822315162
Total Pages : 452 pages
Book Rating : 4.3/5 (151 download)

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Book Synopsis Constitutionalism, Identity, Difference, and Legitimacy by : Michel Rosenfeld

Download or read book Constitutionalism, Identity, Difference, and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Fallacies of States' Rights

Author : Sotirios A. Barber
Publisher : Harvard University Press
ISBN 13 : 0674067967
Total Pages : 256 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Fallacies of States' Rights by : Sotirios A. Barber

Download or read book The Fallacies of States' Rights written by Sotirios A. Barber and published by Harvard University Press. This book was released on 2013-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barber shows how arguments for states’ rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.

Democratizing Constitutional Law

Author : Thomas Bustamante
Publisher : Springer
ISBN 13 : 3319283715
Total Pages : 328 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Democratizing Constitutional Law by : Thomas Bustamante

Download or read book Democratizing Constitutional Law written by Thomas Bustamante and published by Springer. This book was released on 2016-04-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.

Public Law and Politics

Author : Emilios A. Christodoulidis
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754673637
Total Pages : 236 pages
Book Rating : 4.6/5 (736 download)

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Book Synopsis Public Law and Politics by : Emilios A. Christodoulidis

Download or read book Public Law and Politics written by Emilios A. Christodoulidis and published by Ashgate Publishing, Ltd.. This book was released on 2008-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.

The Mandate of Dignity

Author : Drucilla Cornell
Publisher : Fordham Univ Press
ISBN 13 : 0823268128
Total Pages : 152 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis The Mandate of Dignity by : Drucilla Cornell

Download or read book The Mandate of Dignity written by Drucilla Cornell and published by Fordham Univ Press. This book was released on 2016-02-01 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin’s work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin’s challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.

A Living Constitution Or Fundamental Law?

Author : Herman Belz
Publisher : Rowman & Littlefield Publishers
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Living Constitution Or Fundamental Law? by : Herman Belz

Download or read book A Living Constitution Or Fundamental Law? written by Herman Belz and published by Rowman & Littlefield Publishers. This book was released on 1998 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Living Constitution or Fundamental Law?, distinguished scholar Herman Belz considers the concept of constitutionalism as the subject matter of constitutional history. Belz argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. Belz illuminates the evolution of American constitutionalism across the span of American history, from the Founding to Reconstruction to the Cold War and the rise of the bureaucratic state in the 1980s.

Conflict, Power, and the Landscape of Constitutionalism

Author : Gilles Tarabout
Publisher : Taylor & Francis
ISBN 13 : 1000084035
Total Pages : 199 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Conflict, Power, and the Landscape of Constitutionalism by : Gilles Tarabout

Download or read book Conflict, Power, and the Landscape of Constitutionalism written by Gilles Tarabout and published by Taylor & Francis. This book was released on 2020-11-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book seeks to critically examine the implication of a constitution of law for a political society. It presents a collection of essays that seek to investigate how power acts on power, how limits produce excess, how separation of powers produces the union of powers (sanctified by the very constitution that had guaranteed the division in the first place), and how the theory of separation is, at the same time, a myth and a reality. At the backdrop of the book, of course, is the theory that every good constitution rigorously separates the legislature, the executive, and the judiciary from one another to guarantee the independence of each of these powers, such that this separation results in life, liberty, and security. If a constitution, however, symbolises and produces power, precisely because it separates one site of power from another, it follows that it is power itself that is the limit of power. Constitutionalism as a political culture of laws, therefore, must explain the dynamics of power. The book addresses both constitutions and the societies in which they emerge. Many of the essays in this collection show how institutional practices originating from a legal text create a matrix of power that owes its life, neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organized, and formalized by laws. The collection is significant because it gives colonial and post-colonial experiences a justified place in studies of law and constitutionalism, for it shows that while Montesquieu, Kant, and Burke each in their own way were promoting the spirit of laws, a more significant history of law-making was being enacted in order to defend a particular rule, and a particular type of government on another side of the world. Based on comparative studies in several countries across three continents, the book centrally deals with issues of constitutionalism, politica