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Democratic Constitutionalism In India And The European Union
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Book Synopsis Democratic Constitutionalism in India and the European Union by : Philipp Dann
Download or read book Democratic Constitutionalism in India and the European Union written by Philipp Dann and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
Book Synopsis Constitutionalism and Democracy by : Douglas Greenberg
Download or read book Constitutionalism and Democracy written by Douglas Greenberg and published by Oxford University Press. This book was released on 1993-07-08 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.
Book Synopsis European Constitutionalism Beyond the State by : J. H. H. Weiler
Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Book Synopsis The Democratic Predicament by : Jyotirmaya Tripathy
Download or read book The Democratic Predicament written by Jyotirmaya Tripathy and published by Routledge. This book was released on 2014-03-14 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both India and Europe have been undergoing a difficult process of negotiating cultural, religious and ethnic diversity within their democratic frameworks. In fact, recent incidents of xenophobic backlash against multiculturalism and minority communities in Europe, as well as myriad movements for constitutional recognition of castes, tribes and languages and the emergence of Islamophobic terror in India, question the conventional idea of democracy as the idyllic preserver of diversity. This volume contests the simplistic connection between democracy and diversity by proposing that democracy, in fact, produces, sediments and reinforces cultural heterogeneity. It argues that in democratic polities, disparate cultural practices are often converted into identity categories, with disturbing implications for national identity, constitutionalism, political governance and citizenship. While mobilizations on the plank of cultural differences are typically viewed as being born in undemocratic spaces with little toleration for diversity, they also find fertile soil in democracy insofar as democracy celebrates diversity and allows cultural dissent to thrive. Such dissent, while essential for democracy, has difficult consequences. Examining the fundamental conflict between constructions of particular cultural identities and mandates of a unifying democratic ethos, the book brings forth the complexities underlying the politics of identity recognition and national integration. In making a radical intervention in the discourse, this volume offers a critique of existing paradigms of multiculturalism. It will interest scholars and students of political science, sociology, and postcolonial and comparative studies.
Book Synopsis European Constitutionalism by : Kaarlo Tuori
Download or read book European Constitutionalism written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2015-07-16 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Book Synopsis Democracy and Constitutionalism in India by : Sudhir Krishnaswamy
Download or read book Democracy and Constitutionalism in India written by Sudhir Krishnaswamy and published by Oxford University Press. This book was released on 2010-11-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman
Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Book Synopsis Political Constitutionalism by : Richard Bellamy
Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Book Synopsis Digital Constitutionalism in Europe by : Giovanni De Gregorio
Download or read book Digital Constitutionalism in Europe written by Giovanni De Gregorio and published by Cambridge University Press. This book was released on 2022-05-26 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about rights and powers in the digital age. It is an attempt to reframe the role of constitutional democracies in the algorithmic society. By focusing on the European constitutional framework as a lodestar, this book examines the rise and consolidation of digital constitutionalism as a reaction to digital capitalism. The primary goal is to examine how European digital constitutionalism can protect fundamental rights and democratic values against the charm of digital liberalism and the challenges raised by platform powers. Firstly, this book investigates the reasons leading to the development of digital constitutionalism in Europe. Secondly, it provides a normative framework analysing to what extent European constitutionalism provides an architecture to protect rights and limit the exercise of unaccountable powers in the algorithmic society. This title is also available as open access on Cambridge Core.
Book Synopsis Constituent Power in the European Union by : Markus Patberg
Download or read book Constituent Power in the European Union written by Markus Patberg and published by Oxford University Press, USA. This book was released on 2021-01-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess
Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
Book Synopsis The Emergence of European Society through Public Law by : Armin von Bogdandy
Download or read book The Emergence of European Society through Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2024-03-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Europeans struggle to understand where EU-centred Europeanization has led them. The standard response - that their situation is sui generis, one of a kind - no longer holds. Brexit, conflicts over European financial transfers, immigration, or dubious judicial reforms in some Member States demand a more substantial answer. Against that background, The Emergence of European Society Through Public Law: A Hegelian and Anti-Schmittian Approach frames European integration by reconstructing European public law in light of Article 2 of the Treaty on European Union (TEU). According to Article 2, all Europeans today are part of one society. European integration may not have produced a European federal state, but it has helped create a European society. This society is intimately interwoven with European public law, as the Treaty characterizes it with 12 constitutional principles. The book interprets this statement as the manifesto, identity, and constitutional core of a democratic society. Thus, Europeans should understand that European integration has ushered in a European democratic society. Comprehensive and engaging, The Emergence of European Society Through Public Law examines the great debates of European public law and presents them in a new and forward-looking reconstruction. This new narrative of European legal integration will appeal to academics and students of EU law, constitutional and comparative law, sociology, political science, and legal history. The Emergence of European Society Through Public Law is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
Book Synopsis Democracy and Constitutionalism in the European Union by : Federico Mancini
Download or read book Democracy and Constitutionalism in the European Union written by Federico Mancini and published by Bloomsbury Publishing. This book was released on 2000-05-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, was first an Advocate General and then a Judge of the Court of Justice of the European Community and who carried an unfaltering belief in the promises and advantages of a federal Europe.
Book Synopsis Forms of Pluralism and Democratic Constitutionalism by : Jean L. Cohen
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Jean L. Cohen and published by Columbia University Press. This book was released on 2018-09-25 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.
Book Synopsis Social Justice in Twentieth-Century Europe by : Martin Conway
Download or read book Social Justice in Twentieth-Century Europe written by Martin Conway and published by . This book was released on 2024-02-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social justice has returned to the heart of political debate in present-day Europe. But what does it mean in different national histories and political regimes, and how has this changed over time? This book provides the first historical account of the evolution of notions of social justice across Europe since the late nineteenth century. Written by an international team of leading historians, the book analyses the often-divergent ways in which political movements, state institutions, intellectual groups, and social organisations have understood and sought to achieve social justice. Conceived as an emphatically European analysis covering both the eastern and western halves of the continent, Social Justice in Twentieth-Century Europe demonstrates that no political movement ever held exclusive ownership of the meaning of social justice. Conversely, its definition has always been strongly contested, between those who would define it in terms of equality of conditions, or of opportunity; the security provided by state authority, or the freedom of personal initiative; the individual rights of a liberal order, or the social solidarities of class, nation, confession, or Volk.
Download or read book Labour Justice written by Supriya Routh and published by Cambridge University Press. This book was released on 2024-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.
Book Synopsis Rule of Law, Common Values, and Illiberal Constitutionalism by : Tímea Drinóczi
Download or read book Rule of Law, Common Values, and Illiberal Constitutionalism written by Tímea Drinóczi and published by Routledge. This book was released on 2020-09-08 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
