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Law Violence And Constituent Power
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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 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 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of 'right-ing'.
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 Constituent Power Beyond the State by : Geneviève Nootens
Download or read book Constituent Power Beyond the State written by Geneviève Nootens and published by Routledge. This book was released on 2021-12-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
Book Synopsis Constitutional Law and Politics of Secession by : Antoni Abat i Ninet
Download or read book Constitutional Law and Politics of Secession written by Antoni Abat i Ninet and published by Taylor & Francis. This book was released on 2023-07-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.
Book Synopsis Agamben and Politics by : Sergei Prozorov
Download or read book Agamben and Politics written by Sergei Prozorov and published by Edinburgh University Press. This book was released on 2014-04-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing how the logic of inoperativity works in the domains of language, law, history and humanity, 'Agamben and Politics' systematically introduces the fundamental concepts of Agamben's political thought and a critically interprets his insights in the wider context of contemporary philosophy.
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 The Law and Politics of Unconstitutional Constitutional Amendments in Asia by : Rehan Abeyratne
Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Rehan Abeyratne and published by Routledge. This book was released on 2021-11-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Book Synopsis New Critical Legal Thinking by : Matthew Stone
Download or read book New Critical Legal Thinking written by Matthew Stone and published by Taylor & Francis. This book was released on 2012-10-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.
Book Synopsis Decolonizing Democracy by : Ricardo Sanín-Restrepo
Download or read book Decolonizing Democracy written by Ricardo Sanín-Restrepo and published by Rowman & Littlefield. This book was released on 2016-06-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to achieve a true democracy, this book explores different political and philosophical traditions that do not necessarily seem to speak in unison, notwithstanding their common goal: to propose an alternative to hard-line neo-liberalism, Western hegemony and coloniality.
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.
Book Synopsis The Federal Contract by : Stephen Tierney
Download or read book The Federal Contract written by Stephen Tierney and published by Oxford University Press. This book was released on 2022-05-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which in turn requires a particular, 'territorialised' approach to many of the fundamental concepts with which constitutionalists and political actors operate: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change and, ultimately, the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories that characterise the nature of modern constitutionalism: foundations, authority, subjecthood, purpose, design and dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.
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.
Book Synopsis The Art of Being Many by : geheimagentur
Download or read book The Art of Being Many written by geheimagentur and published by transcript Verlag. This book was released on 2016-05-31 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2010 we have witnessed new ways of assembling, which have made the word »democracy« sound important again. These practices may not have led to the political changes we had hoped for. Nevertheless, we are convinced of their importance. This book wants to acknowledge them as a starting point for a new art of being many: The »many« invoke new concepts of collectivity by renegotiating their modes of participation and (self-)presentation and by rewriting rhetorical, choreographical, and material scripts of assembling. This volume is inspired and informed by the square-occupations and neighborhood assemblies of the »real democracy« movements as well as by recent explorations of the assembly form in performance art and participatory theatre.
Book Synopsis The Pertinence of Exodus: Philosophical Questions on the Contemporary Symbolism of the Biblical Story by : Sandro Gorgone
Download or read book The Pertinence of Exodus: Philosophical Questions on the Contemporary Symbolism of the Biblical Story written by Sandro Gorgone and published by Vernon Press. This book was released on 2019-10-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Exodus has a risky and combative character that links individuals to their unconscious, to the uncertainty of their reality, and to the possibility of the disturbing event of the incalculable arrival of the Other. This encounter with the unknown does not expect a messianic salvation but a human solution, which is aware that change requires the abandonment of self-referential identities. This eccentricity is more than evasive desertion or escapism, but an experiment with new modes of organizing community that grows on the responsibilities that go with it. This collected volume gathers contemporary philosophical perspectives on the Exodus, examining the story’s symbolic potentials and dynamics in the light of current social political events. The imagination of the Promised Land, the figure of the migrant, the provisional and precarious dwelling of the camp, the promise of a better future or the gradual estrangement from inherited habits are all challenges of our time that are already conceptualized in the Exodus. The authors reaffirm the pertinence of the story by addressing the fundamental link between the ancient narrative and the human condition of the 21st century.
Book Synopsis Territorial Conflicts in World Society by : Stephen Stetter
Download or read book Territorial Conflicts in World Society written by Stephen Stetter and published by Routledge. This book was released on 2007-04-04 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: By bringing into dialogue modern systems theory and international relations, this text provides theoretically innovative and empirically rich perspectives on conflicts in world society. This collection contrasts Niklas Luhmann’s theory of world society in modern systems theory with more classical approaches to the study of conflicts, offering a fresh perspective on territorial conflicts in international relations. It includes chapters on key issues such as: conflicts and human rights conflicts in the Middle East and sub-Saharan Africa war and violence Greek-Turkish relations conflict theory the role of states in world societal conflicts legal territorial disputes in Australia hegemony and conflict in global law conflict management after 9/11. While all contributions draw from the theory of world society in modern systems theory, the authors offer rich multi-disciplinary perspectives which bring in concepts from international relations, peace and conflict studies, sociology, law and philosophy. Territorial Conflicts in World Society will appeal to international relations specialists, peace and conflict researchers and sociologists.
Book Synopsis A Leftist Ontology by : Carsten Strathausen
Download or read book A Leftist Ontology written by Carsten Strathausen and published by U of Minnesota Press. This book was released on 2009 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rich with analyses of concepts from deconstruction, systems theory, and post-Marxism, with critiques of fundamentalist thought and the war on terror, this volume argues for developing a philosophy of being in order to overcome the quandary of postmodern relativism. Undergirding the contributions are the premises that ontology is a vital concept for philosophy today, that an acceptable leftist ontology must avoid the kind of identity politics that has dominated recent cultural studies, and that a new ontology must be situated within global capitalism.
