Sovereignty Civic Participation And Constitutional Law

Download Sovereignty Civic Participation And Constitutional Law full books in PDF, epub, and Kindle. Read online Sovereignty Civic Participation And Constitutional Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Sovereignty, Civic Participation, and Constitutional Law

Author : Brecht Deseure
Publisher : Routledge
ISBN 13 : 1000375021
Total Pages : 304 pages
Book Rating : 4.0/5 (3 download)

DOWNLOAD NOW!

Book Synopsis Sovereignty, Civic Participation, and Constitutional Law by : Brecht Deseure

Download or read book Sovereignty, Civic Participation, and Constitutional Law written by Brecht Deseure and published by Routledge. This book was released on 2021-04-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings recent insights about sovereignty and citizen participation in the Belgian Constitution to scholars in the fields of law, philosophy, history, and politics. Throughout the Western world, there are increasing calls for greater citizen participation. Referendums, citizen councils, and other forms of direct democracy are considered necessary antidotes to a growing hostility towards traditional party politics. This book focuses on the Belgian debate, where the introduction of participatory politics has stalled because of an ambiguity in the Constitution. Scholars and judges generally claim that the Belgian Constitution gives ultimate power to the nation, which can only speak through representation in parliament. In light of this, direct democracy would be an unconstitutional power grab by the current generation of citizens. This book critically investigates this received interpretation of the Constitution and, by reaching back to the debates among Belgium’s 1831 founding fathers, concludes that it is untenable. The spirit, if not the text, of the Belgian Constitution allows for more popular participation than present-day jurisprudence admits. This book is the first to make recent debates in this field accessible to international scholars. It provides a rare source of information on Belgium’s 1831 Constitution, which was in its time seen as modern constitutionalism’s greatest triumph and which became a model for countless other constitutions. Yet the questions it asks reverberate far beyond Belgium. Combining new insights from law, philosophy, history, and politics, this book is a showcase for continental constitutional theory. It will be a valuable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history.

Semblances of Sovereignty

Author : T. Alexander Aleinikoff
Publisher : Harvard University Press
ISBN 13 : 0674020154
Total Pages : 321 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis Semblances of Sovereignty by : T. Alexander Aleinikoff

Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Sovereignty and Liberty

Author : Michael G. Kammen
Publisher :
ISBN 13 :
Total Pages : 256 pages
Book Rating : 4.4/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Sovereignty and Liberty by : Michael G. Kammen

Download or read book Sovereignty and Liberty written by Michael G. Kammen and published by . This book was released on 1988 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Participatory Constitutional Change

Author : Xenophon Contiades
Publisher : Routledge
ISBN 13 : 1317083881
Total Pages : 196 pages
Book Rating : 4.3/5 (17 download)

DOWNLOAD NOW!

Book Synopsis Participatory Constitutional Change by : Xenophon Contiades

Download or read book Participatory Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2016-10-04 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.

Sovereignty in Transition

Author : Neil Walker
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316964
Total Pages : 572 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis Sovereignty in Transition by : Neil Walker

Download or read book Sovereignty in Transition written by Neil Walker and published by Bloomsbury Publishing. This book was released on 2003-11-28 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.

Sovereignty Referendums in International and Constitutional Law

Author : İlker Gökhan Şen
Publisher : Springer
ISBN 13 : 3319116479
Total Pages : 298 pages
Book Rating : 4.3/5 (191 download)

DOWNLOAD NOW!

Book Synopsis Sovereignty Referendums in International and Constitutional Law by : İlker Gökhan Şen

Download or read book Sovereignty Referendums in International and Constitutional Law written by İlker Gökhan Şen and published by Springer. This book was released on 2015-01-28 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.

Constitutional Change and Popular Sovereignty

Author : Maria Cahill
Publisher : Routledge
ISBN 13 : 1000395634
Total Pages : 226 pages
Book Rating : 4.0/5 (3 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Change and Popular Sovereignty by : Maria Cahill

Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

The Sovereign States

Author : James Jackson Kilpatrick
Publisher :
ISBN 13 : 9780359748013
Total Pages : 0 pages
Book Rating : 4.7/5 (48 download)

DOWNLOAD NOW!

Book Synopsis The Sovereign States by : James Jackson Kilpatrick

Download or read book The Sovereign States written by James Jackson Kilpatrick and published by . This book was released on 2019-06-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using historical events and the Constitution, James Jackson Kilpatrick makes a passionate argument for enforcing state's rights as a necessary measure to secure the continued prosperity of the USA. As a native of Virginia state, which played a crucial role in the genesis of the American nation, Kilpatrick is familiar with the precedents and virtues that make up state's rights. The various legal cases that established the necessity of securing rights for the constituent territories of the United States are examined; early on in the book, these predate the formation of the USA and the ratification of the U. S. Constitution and its pertinent amendments. The many court battles recounted, spanning over two centuries of case law, offer a litany of justifications for Kilpatrick's favor of state's rights. In Kilpatrick's estimation, a government is the most benevolent when it is closest to the people and accessible by them.

Globalization and Sovereignty

Author : Jean L. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : 455 pages
Book Rating : 4.1/5 (395 download)

DOWNLOAD NOW!

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.

The Legal Foundations of Inequality

Author : Roberto Gargarella
Publisher : Cambridge University Press
ISBN 13 : 1139485989
Total Pages : 287 pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

The People Themselves

Author : Larry Kramer
Publisher : Oxford University Press, USA
ISBN 13 : 9780195306453
Total Pages : 380 pages
Book Rating : 4.3/5 (64 download)

DOWNLOAD NOW!

Book Synopsis The People Themselves by : Larry Kramer

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Our Republican Constitution

Author : Randy E. Barnett
Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 320 pages
Book Rating : 4.0/5 (624 download)

DOWNLOAD NOW!

Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

DOWNLOAD NOW!

Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

The Sovereignty of Law

Author : T.R.S. Allan
Publisher : Oxford University Press
ISBN 13 : 0199685061
Total Pages : 370 pages
Book Rating : 4.1/5 (996 download)

DOWNLOAD NOW!

Book Synopsis The Sovereignty of Law by : T.R.S. Allan

Download or read book The Sovereignty of Law written by T.R.S. Allan and published by Oxford University Press. This book was released on 2013-07-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.

Learn about the United States

Author : U.S. Citizenship and Immigration Services
Publisher : Government Printing Office
ISBN 13 : 9780160831188
Total Pages : 36 pages
Book Rating : 4.8/5 (311 download)

DOWNLOAD NOW!

Book Synopsis Learn about the United States by : U.S. Citizenship and Immigration Services

Download or read book Learn about the United States written by U.S. Citizenship and Immigration Services and published by Government Printing Office. This book was released on 2009 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Learn About the United States" is intended to help permanent residents gain a deeper understanding of U.S. history and government as they prepare to become citizens. The product presents 96 short lessons, based on the sample questions from which the civics portion of the naturalization test is drawn. An audio CD that allows students to listen to the questions, answers, and civics lessons read aloud is also included. For immigrants preparing to naturalize, the chance to learn more about the history and government of the United States will make their journey toward citizenship a more meaningful one.

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)

DOWNLOAD NOW!

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.

Definition and Development of Human Rights and Popular Sovereignty in Europe

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287171344
Total Pages : 236 pages
Book Rating : 4.1/5 (713 download)

DOWNLOAD NOW!

Book Synopsis Definition and Development of Human Rights and Popular Sovereignty in Europe by : European Commission for Democracy through Law

Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?