Language Democracy And The Paradox Of Constituent Power

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Language, Democracy, and the Paradox of Constituent Power

Author : Catherine Frost
Publisher : Routledge
ISBN 13 : 0429884737
Total Pages : 134 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Language, Democracy, and the Paradox of Constituent Power by : Catherine Frost

Download or read book Language, Democracy, and the Paradox of Constituent Power written by Catherine Frost and published by Routledge. This book was released on 2021-04-19 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

The Adventures of the Constituent Power

Author : Andrew Arato
Publisher : Cambridge University Press
ISBN 13 : 1107126797
Total Pages : 483 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Adventures of the Constituent Power by : Andrew Arato

Download or read book The Adventures of the Constituent Power written by Andrew Arato and published by Cambridge University Press. This book was released on 2017-11-30 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

The Paradox of Constitutionalism

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 9780199552207
Total Pages : 386 pages
Book Rating : 4.5/5 (522 download)

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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.

Constituent Moments

Author : Jason Frank
Publisher : Duke University Press
ISBN 13 : 0822391686
Total Pages : 362 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Constituent Moments by : Jason Frank

Download or read book Constituent Moments written by Jason Frank and published by Duke University Press. This book was released on 2010-01-04 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

The Sociology of Law and the Global Transformation of Democracy

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1107199905
Total Pages : 599 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Sociology of Law and the Global Transformation of Democracy by : Chris Thornhill

Download or read book The Sociology of Law and the Global Transformation of Democracy written by Chris Thornhill and published by Cambridge University Press. This book was released on 2018-06-21 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

Negotiating the Power of the People

Author : Lucia Rubinelli
Publisher : Cambridge University Press
ISBN 13 : 110848543X
Total Pages : 279 pages
Book Rating : 4.1/5 (84 download)

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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.

Insurgencies

Author : Antonio Negri
Publisher : U of Minnesota Press
ISBN 13 : 9780816622757
Total Pages : 388 pages
Book Rating : 4.6/5 (227 download)

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Book Synopsis Insurgencies by : Antonio Negri

Download or read book Insurgencies written by Antonio Negri and published by U of Minnesota Press. This book was released on 1999 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.

Constitutionalism in Global Constitutionalisation

Author : Aoife O'Donoghue
Publisher : Cambridge University Press
ISBN 13 : 1107050251
Total Pages : 281 pages
Book Rating : 4.1/5 (7 download)

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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.

Empire of the People

Author : Adam Dahl
Publisher : University Press of Kansas
ISBN 13 : 0700626077
Total Pages : 272 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Empire of the People by : Adam Dahl

Download or read book Empire of the People written by Adam Dahl and published by University Press of Kansas. This book was released on 2018-04-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: American democracy owes its origins to the colonial settlement of North America by Europeans. Since the birth of the republic, observers such as Alexis de Tocqueville and J. Hector St. John de Crèvecœur have emphasized how American democratic identity arose out of the distinct pattern by which English settlers colonized the New World. Empire of the People explores a new way of understanding this process—and in doing so, offers a fundamental reinterpretation of modern democratic thought in the Americas. In Empire of the People, Adam Dahl examines the ideological development of American democratic thought in the context of settler colonialism, a distinct form of colonialism aimed at the appropriation of Native land rather than the exploitation of Native labor. By placing the development of American political thought and culture in the context of nineteenth-century settler expansion, his work reveals how practices and ideologies of Indigenous dispossession have laid the cultural and social foundations of American democracy, and in doing so profoundly shaped key concepts in modern democratic theory such as consent, social equality, popular sovereignty, and federalism. To uphold its legitimacy, Dahl also argues, settler political thought must disavow the origins of democracy in colonial dispossession—and in turn erase the political and historical presence of native peoples. Empire of the People traces this thread through the conceptual and theoretical architecture of American democratic politics—in the works of thinkers such as Thomas Jefferson, Thomas Paine, Alexis de Tocqueville, John O’Sullivan, Ralph Waldo Emerson, Daniel Webster, Abraham Lincoln, Walt Whitman, and William Apess. In its focus on the disavowal of Native dispossession in democratic thought, the book provides a new perspective on the problematic relationship between race and democracy—and a different and more nuanced interpretation of the role of settler colonialism in the foundations of democratic culture and society.

Law as Politics

Author : David Dyzenhaus
Publisher : Duke University Press
ISBN 13 : 9780822322443
Total Pages : 340 pages
Book Rating : 4.3/5 (224 download)

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Book Synopsis Law as Politics by : David Dyzenhaus

Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.

Democracy and Education

Author : John Dewey
Publisher : Createspace Independent Publishing Platform
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Democracy and Education by : John Dewey

Download or read book Democracy and Education written by John Dewey and published by Createspace Independent Publishing Platform. This book was released on 1916 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: . Renewal of Life by Transmission. The most notable distinction between living and inanimate things is that the former maintain themselves by renewal. A stone when struck resists. If its resistance is greater than the force of the blow struck, it remains outwardly unchanged. Otherwise, it is shattered into smaller bits. Never does the stone attempt to react in such a way that it may maintain itself against the blow, much less so as to render the blow a contributing factor to its own continued action. While the living thing may easily be crushed by superior force, it none the less tries to turn the energies which act upon it into means of its own further existence. If it cannot do so, it does not just split into smaller pieces (at least in the higher forms of life), but loses its identity as a living thing. As long as it endures, it struggles to use surrounding energies in its own behalf. It uses light, air, moisture, and the material of soil. To say that it uses them is to say that it turns them into means of its own conservation. As long as it is growing, the energy it expends in thus turning the environment to account is more than compensated for by the return it gets: it grows. Understanding the word "control" in this sense, it may be said that a living being is one that subjugates and controls for its own continued activity the energies that would otherwise use it up. Life is a self-renewing process through action upon the environment.

How Democracies Die

Author : Steven Levitsky
Publisher : Crown
ISBN 13 : 1524762946
Total Pages : 321 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis How Democracies Die by : Steven Levitsky

Download or read book How Democracies Die written by Steven Levitsky and published by Crown. This book was released on 2019-01-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

Politics of Last Resort

Author : Jonathan White
Publisher : Oxford University Press, USA
ISBN 13 : 0198791720
Total Pages : 240 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Politics of Last Resort by : Jonathan White

Download or read book Politics of Last Resort written by Jonathan White and published by Oxford University Press, USA. This book was released on 2020-01-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.

Sovereignty in Post-Sovereign Society

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1317052080
Total Pages : 284 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň

Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Innovation and Transition in Law: Experiences and Theoretical Settings

Author :
Publisher : Dykinson
ISBN 13 : 8413773091
Total Pages : pages
Book Rating : 4.4/5 (137 download)

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Book Synopsis Innovation and Transition in Law: Experiences and Theoretical Settings by :

Download or read book Innovation and Transition in Law: Experiences and Theoretical Settings written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.

Post Sovereign Constitution Making

Author : Andrew Arato
Publisher : Oxford University Press
ISBN 13 : 0191074020
Total Pages : 300 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Post Sovereign Constitution Making by : Andrew Arato

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016-03-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Constituent Power and the Law

Author : Joel I. Colon-Rios
Publisher :
ISBN 13 : 0198785984
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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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.