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Forms Of Pluralism And Democratic Constitutionalism
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Book Synopsis Forms of Pluralism and Democratic Constitutionalism by : Andrew Arato
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Andrew Arato and published by . This book was released on 2018 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
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 Identity of the Constitutional Subject by : Michel Rosenfeld
Download or read book The Identity of the Constitutional Subject written by Michel Rosenfeld and published by Routledge. This book was released on 2009-10-16 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
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 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 Abusive Constitutional Borrowing by : Rosalind Dixon
Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Book Synopsis Federalism, Plurinationality and Democratic Constitutionalism by : Ferran Requejo
Download or read book Federalism, Plurinationality and Democratic Constitutionalism written by Ferran Requejo and published by Routledge. This book was released on 2012-02-20 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism and 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 Constitutional Law and National Pluralism by : Stephen Tierney
Download or read book Constitutional Law and National Pluralism written by Stephen Tierney and published by Oxford University Press on Demand. This book was released on 2006 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.
Book Synopsis The Oxford Handbook of Populism by : Cristóbal Rovira Kaltwasser
Download or read book The Oxford Handbook of Populism written by Cristóbal Rovira Kaltwasser and published by Oxford University Press. This book was released on 2017 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.
Book Synopsis The Language of Liberal Constitutionalism by : Howard Schweber
Download or read book The Language of Liberal Constitutionalism written by Howard Schweber and published by Cambridge University Press. This book was released on 2007-02-26 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Book Synopsis The Paradox of Constitutionalism by : Martin Loughlin
Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by . This book was released on 2007 with total page 375 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.
Book Synopsis The Future of American Democratic Politics by : Nancy J. Hirschmann
Download or read book The Future of American Democratic Politics written by Nancy J. Hirschmann and published by Rutgers University Press. This book was released on 2003-07-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even before the terrorist attacks of September 11, 2001, political scientists were assessing changes and continuities in the principles and practices of American democracy. Recent events, including the passage of the U.S. Patriot Act and the current debates about civil liberties versus homeland security, intensify the need to examine the long-term viability of democracy. In this book, fifteen major scholars assess the current state of American democracy, offering a spirited dialogue on the future of democratic politics. Contributors focus on three principles fundamental to democracy—equality, liberty, and participation. They examine these principles within the context of the basic institutions of American democracy: Congress and the state legislatures, the president, political parties, interest groups, and the Supreme Court. They raise questions regarding the checks and balances among formal governmental institutions (with the contributors sharing concern over the fading power of the legislature and the increased power of the executive and judiciary) as well as the role of political parties and interest groups. Topics discussed include: the incomplete mobilization of the electorate, the debates over campaign finance reform and term limits, the Supreme Court’s activist role in the Florida recount, the dangers of teledemocracy and state initiatives, the separation of political participation from residential location, “identity politics,” the clash of "negative" and "positive" liberty, and the prospects for personal freedom in an era of terrorist threats. This timely collection covers the issues relevant to the future of American democracy today not only for lawmakers, students, and historians, but for any concerned citizen.
Book Synopsis Constitutionalism and Democracy by : Richard Bellamy
Download or read book Constitutionalism and Democracy written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor
Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Book Synopsis Public Reason Confucianism by : Sungmoon Kim
Download or read book Public Reason Confucianism written by Sungmoon Kim and published by Cambridge University Press. This book was released on 2016-04-21 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent proposals concerning Confucian meritocratic perfectionism have justified Confucian perfectionism in terms of political meritocracy. In contrast, 'Confucian democratic perfectionism' is a form of comprehensive Confucian perfectionism that can accommodate a plurality of values in civil society. It is also fully compatible with core values of democracy such as popular sovereignty, political equality, and the right to political participation. Sungmoon Kim presents 'public reason Confucianism' as the most attractive option for contemporary East Asian societies that are historically and culturally Confucian. Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism via a distinctive form of public reason. It calls for an active role for the democratic state in promoting a Confucian conception of the good life, at the heart of which are such core Confucian values as filial piety and ritual propriety.
