Governance And Constitutionalism

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Governance and Constitutionalism

Author : Bogdan Iancu
Publisher : Routledge
ISBN 13 : 1351798944
Total Pages : 206 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Governance and Constitutionalism by : Bogdan Iancu

Download or read book Governance and Constitutionalism written by Bogdan Iancu and published by Routledge. This book was released on 2018-11-06 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.

Constitutionalism and a Right to Effective Government?

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1009178105
Total Pages : 281 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Constitutionalism and a Right to Effective Government? by : Vicki C. Jackson

Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Transnational Governance and Constitutionalism

Author : Christian Joerges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311776
Total Pages : 402 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Transnational Governance and Constitutionalism by : Christian Joerges

Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Against Constitutionalism

Author : Martin Loughlin
Publisher : Harvard University Press
ISBN 13 : 0674268024
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Against Constitutionalism by : Martin Loughlin

Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Transnational Governance and Constitutionalism

Author : Christian Joerges
Publisher :
ISBN 13 : 9781472563002
Total Pages : 0 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Transnational Governance and Constitutionalism by : Christian Joerges

Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory."--Bloomsbury Publishing.

Comparative Constitutionalism and Good Governance in the Commonwealth

Author : John Hatchard
Publisher : Cambridge University Press
ISBN 13 : 1139451227
Total Pages : 389 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Comparative Constitutionalism and Good Governance in the Commonwealth by : John Hatchard

Download or read book Comparative Constitutionalism and Good Governance in the Commonwealth written by John Hatchard and published by Cambridge University Press. This book was released on 2004-07-08 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Ruling the World?

Author : Jeffrey L. Dunoff
Publisher : Cambridge University Press
ISBN 13 : 9780521735490
Total Pages : 432 pages
Book Rating : 4.7/5 (354 download)

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Book Synopsis Ruling the World? by : Jeffrey L. Dunoff

Download or read book Ruling the World? written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2009-07-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

Cosmic Constitutional Theory

Author : J. Harvie Wilkinson
Publisher : OUP USA
ISBN 13 : 0199846014
Total Pages : 174 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Cosmic Constitutional Theory by : J. Harvie Wilkinson

Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Constitutionalism and Good Governance

Author : Dirk Ehlers
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832969875
Total Pages : 0 pages
Book Rating : 4.9/5 (698 download)

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Book Synopsis Constitutionalism and Good Governance by : Dirk Ehlers

Download or read book Constitutionalism and Good Governance written by Dirk Ehlers and published by Nomos Verlagsgesellschaft. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume addresses current issues and developments of European and Asian constitutionalism in 19 articles pertaining to 12 different constitutional regimes including topics like the constitution making and the design of constitutions, the judicialization of politics and constitutional courts, human rights in national law and the constitutionalization of national law by regional human right regimes, different concepts of the rule of law, electoral law, federalism, the majority principle and democracy, and ASEAN. Highlighting an interdisciplinary and comparative approach, the book resembles historical accounts, analytical studies, and political assessments by reputed legal and social science scholars including five (former) judges from the constitutional courts/council of Cambodia, Germany, Taiwan as well as the Supreme Administrative Court of Thailand.

New York's Broken Constitution

Author : Peter J. Galie
Publisher : SUNY Press
ISBN 13 : 1438463324
Total Pages : 342 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis New York's Broken Constitution by : Peter J. Galie

Download or read book New York's Broken Constitution written by Peter J. Galie and published by SUNY Press. This book was released on 2016-11-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the significant gaps between what New York States constitution says and how the state is actually governed and offers ideas for reform. On its face, New York States constitution is an elaborate and impressive aggregation of processes, powers, mandates, and limits. But many of these are inoperative, and New Yorkers who read the document and believe what it says will come away with a massive misunderstanding of the realities of state government. The essays in New Yorks Broken Constitution seek to clarify the realities by bringing attention to the gaps between what the constitution says and how the state is actually governed, and they provide a disquieting picture of the state of the states constitution. Among the topics addressed are state debt and budgeting practices, legislative redistricting, local government, gambling, conservation, and the process of amending the constitution. Written by knowledgeable professionals, the chapters explain the constitutional provisions in question, including the reasons for their constitutional status; how they have been used and interpreted; and the extent of the gaps between the constitutional provisions and practice. Various proposals for reform are also examined. This is an impressive volume, teeming with invaluable insights. It presents a compelling message: since many of the dysfunctions in state governance are inextricably tied to the organizational structures and policies detailedand sometimes followed, sometimes disregardedin the state constitution, constitutional reform is imperative. Anyone concerned about the operation and current dysfunction of New York State government should read this book. Vincent M. Bonventre, Albany Law School This book will be enormously useful in guiding the public and scholarly debate in the lead-up to the November 2017 vote on the question of whether to hold a state constitutional convention. John J. Dinan, author of The American State Constitutional Tradition

Controlling the State

Author : Scott GORDON
Publisher : Harvard University Press
ISBN 13 : 0674037839
Total Pages : 408 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Controlling the State by : Scott GORDON

Download or read book Controlling the State written by Scott GORDON and published by Harvard University Press. This book was released on 2009-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Constitutional Self-Government

Author : Christopher L. EISGRUBER
Publisher : Harvard University Press
ISBN 13 : 0674034465
Total Pages : 273 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Self-Government by : Christopher L. EISGRUBER

Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.

Constitutionalism, Multilevel Trade Governance and Social Regulation

Author : Christian Joerges
Publisher :
ISBN 13 : 9781472563774
Total Pages : 554 pages
Book Rating : 4.5/5 (637 download)

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Book Synopsis Constitutionalism, Multilevel Trade Governance and Social Regulation by : Christian Joerges

Download or read book Constitutionalism, Multilevel Trade Governance and Social Regulation written by Christian Joerges and published by . This book was released on 2006 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors'' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorisin.

Founding Republics in France and America

Author : John Anthony Rohr
Publisher :
ISBN 13 :
Total Pages : 398 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Founding Republics in France and America by : John Anthony Rohr

Download or read book Founding Republics in France and America written by John Anthony Rohr and published by . This book was released on 1995 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recalling Tocqueville's exhortation for the French to "look to America" for a better understanding of their own government, John Rohr returns the favor by revealing how much we can learn about American constitutionalism from a close study of French governance. The French and American republics both emerged from the same revolutionary era and share a common commitment to separation of powers, rule of law, and republicanism. Even so, the two constitutional traditions are quite different. France, after all, has replaced its constitution at least thirteen times since 1789, while the American constitution has endured essentially intact. Yet, as Rohr shows, French constitutionalism merits our careful attention. Focusing upon the founding of the French Fifth Republic and the drafting of its constitution, Rohr compares the nations' divergent approaches to executive, legislative, and judicial power; independent administrative authority and discretion; and the relation of administrative law to statutory law. His analysis of France's divided versus our unified executive, the two presidents' exceptional powers, and their influence on the legislative process provides particularly fresh insights into how the two constitutional traditions promote and inhibit the capacity for administrative action. Rohr shows that French administrative institutions are much more thoroughly developed than their American counterparts due to recurrent presidential and constitutional crises. Without such a strong public administration, daily life in France would likely be extremely unstable if not quite chaotic. The proper role of the French institutions, he suggests, is largely determined by their relationship to elected officials whereas their American counterparts are essentially shaped by the constitutional order. A model for future comparative work in constitutional law and public administration, Rohr's study should help us see that the constitutional path we've pursued wasn't the only possibility—and why we've chosen that route nevertheless. As such, it should have great appeal for students, teachers, and practitioners in U.S. and French law, politics, and public administration.

Tribal Constitutionalism

Author : Kirsty Gover
Publisher : OUP Oxford
ISBN 13 : 0199587094
Total Pages : 300 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Tribal Constitutionalism by : Kirsty Gover

Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.