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Human Rights And Constituent Power
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Book Synopsis Human Rights and Constituent Power by : Illan rua Wall
Download or read book Human Rights and Constituent Power written by Illan rua Wall and published by Routledge. This book was released on 2013-03-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay at the heart of human rights was forgotten in an increasing juridification. This book seeks to recover the radical political pole of human rights. It looks to the debates surrounding constituent power – the ‘power of the people’ – in order to understand different possibilities for the discourse. Using continental political philosophy and critical legal theory, Human Rights and Constituent Power presents a very different conception of human rights, more at home on the riotous streets than in courtrooms and parliaments.
Book Synopsis Constituent Power by : Arvidsson Matilda Arvidsson
Download or read book Constituent Power written by Arvidsson Matilda Arvidsson and published by Edinburgh University Press. This book was released on 2020-08-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
Book Synopsis Constituent Power and the Law by : Joel I. Colon-Rios
Download or read book Constituent Power and the Law written by Joel I. Colon-Rios and published by . This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Book Synopsis Law, Violence and Constituent Power by : Héctor López Bofill
Download or read book Law, Violence and Constituent Power written by Héctor López Bofill and published by Routledge. This book was released on 2021-05-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Book Synopsis Constituent Power and the Legitimacy of International Organizations by : John G. Oates
Download or read book Constituent Power and the Legitimacy of International Organizations written by John G. Oates and published by Routledge. This book was released on 2020-02-10 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Book Synopsis Negotiating the Power of the People by : Lucia Rubinelli
Download or read book Negotiating the Power of the People written by Lucia Rubinelli and published by Cambridge University Press. This book was released on 2020-05-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.
Book Synopsis Constituent Power and Constitutional Order by : M. Spång
Download or read book Constituent Power and Constitutional Order written by M. Spång and published by Springer. This book was released on 2014-06-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituent power of the people is a core concept of modern politics but what does this concept actually mean? This book addresses this question, sketching how constituent power of the people has been conceived since the early modern revolutions.
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 Constitutionalism in Global Constitutionalisation by : Aoife O'Donoghue
Download or read book Constitutionalism in Global Constitutionalisation written by Aoife O'Donoghue and published by Cambridge University Press. This book was released on 2014-06-05 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.
Book Synopsis Constitutional Theory: Schmitt After Derrida by : Jacques de Ville
Download or read book Constitutional Theory: Schmitt After Derrida written by Jacques de Ville and published by Taylor & Francis. This book was released on 2017-04-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index
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.
Download or read book Free to Protest written by András Sajó and published by Eleven International Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses the issue of public demonstrations, looking at the experiences of established democracies (EU member states and USA) and countries in transition. The approach of the book is to cover the problem not as a strictly legal one, but to combine the constitutional and human rights aspects with the historical, political and philosophical dimensions. The recent history of mass protests in democracies and semi-democracies raises a number of concerns. Some of these concerns are related to the proper balance between the right to demonstrate and its impacts on third parties." --Book Jacket.
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 Unconstitutional Constitutional Amendments by : Yaniv Roznai
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Book Synopsis Agonistic Democracy by : Mark Wenman
Download or read book Agonistic Democracy written by Mark Wenman and published by Cambridge University Press. This book was released on 2013-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.
Book Synopsis Human Rights and Constitution Making by :
Download or read book Human Rights and Constitution Making written by and published by UN. This book was released on 2018 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
Book Synopsis Constitutionalizing World Politics by : Karolina M. Milewicz
Download or read book Constitutionalizing World Politics written by Karolina M. Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
