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Constitutionalism Legitimacy And Power
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Book Synopsis Constitutionalism, Legitimacy, and Power by : Kelly L. Grotke
Download or read book Constitutionalism, Legitimacy, and Power written by Kelly L. Grotke and published by Oxford University Press, USA. This book was released on 2014 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""This volume is the result of two working group meetings on constitutional history, held at the University of Helsinki in May 2010 and April 2011 under the auspices of the Research Project Europe 1815-1914"--Acknowledgements.
Book Synopsis Weak Constitutionalism by : Joel I. Colon-Rios
Download or read book Weak Constitutionalism written by Joel I. Colon-Rios and published by Routledge. This book was released on 2012 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been argued that democracy is protected and realized under traditional liberal constitutional forms through constitutional rights such as free speech, freedom of association and the right to vote. This book looks at the relationship between democracy and constitutions.
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
Book Synopsis Revolutionary Constitutionalism by : Richard Albert
Download or read book Revolutionary Constitutionalism written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.
Book Synopsis Globalization and Sovereignty by : Jean L. Cohen
Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Book Synopsis The Law and Legitimacy of Imposed Constitutions by : Richard Albert
Download or read book The Law and Legitimacy of Imposed Constitutions written by Richard Albert and published by Routledge. This book was released on 2018-11-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Book Synopsis Weak Constitutionalism by : Joel Colón-Ríos
Download or read book Weak Constitutionalism written by Joel Colón-Ríos and published by Routledge. This book was released on 2012-06-14 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
Book Synopsis Constitutional Crowdsourcing by : Abat i Ninet, Antoni
Download or read book Constitutional Crowdsourcing written by Abat i Ninet, Antoni and published by Edward Elgar Publishing. This book was released on 2021-11-23 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Book Synopsis Legitimacy and History by : Paul W. Kahn
Download or read book Legitimacy and History written by Paul W. Kahn and published by Yale University Press. This book was released on 1992-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Americans, legitimate government means self-government. In this brilliant and disturbing analysis, Paul W. Kahn shows that the American Constitution itself makes self-government impossible. Constitutional theory, he argues, has been a history of failed attempts to resolve this paradox.
Book Synopsis The Paradox of Constitutionalism by : Martin Loughlin
Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by OUP Oxford. This book was released on 2008-08-28 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis A Sociology of Constitutions by : Chris Thornhill
Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Book Synopsis Constitutionalism by : Larry Alexander
Download or read book Constitutionalism written by Larry Alexander and published by Cambridge University Press. This book was released on 2001-02-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This specially commissioned volume examines the issue of constitutionalism.
Book Synopsis Extra-Legal Power and Legitimacy by : Clement Fatovic
Download or read book Extra-Legal Power and Legitimacy written by Clement Fatovic and published by Oxford University Press. This book was released on 2013-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with how governments have yielded extra-legal powers in times of emergency.
Book Synopsis Legitimation by Constitution by : Frank Michelman
Download or read book Legitimation by Constitution written by Frank Michelman and published by Oxford University Press. This book was released on 2021-11-22 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
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. This book was released on 1989-12-14 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.
Book Synopsis The Paradox of Constitutionalism by : Martin Loughlin
Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by Oxford University Press, USA. This book was released on 2007 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
