The Paradox of Constitutionalism

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.3/5 (91 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 Oxford University Press, USA. This book was released on 2007 with total page 400 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 expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Twilight of Constitutionalism?

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199585008
Total Pages : 369 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Twilight of Constitutionalism? by : Petra Dobner

Download or read book The Twilight of Constitutionalism? written by Petra Dobner and published by Oxford University Press. This book was released on 2010-02-11 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --

Constituting Empire

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Publisher : Univ of North Carolina Press
ISBN 13 : 9780807876879
Total Pages : 496 pages
Book Rating : 4.8/5 (768 download)

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Book Synopsis Constituting Empire by : Daniel J. Hulsebosch

Download or read book Constituting Empire written by Daniel J. Hulsebosch and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Constitutionalism and the Paradox of Principles and Rules

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192898744
Total Pages : 225 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Constitutionalism and the Paradox of Principles and Rules by : Marcelo Neves

Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Language, Democracy, and the Paradox of Constituent Power

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Author :
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.

Modern Constitutions

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Publisher : Democracy, Citizenship, and Company
ISBN 13 : 0812252349
Total Pages : 336 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Modern Constitutions by : Rogers M. Smith

Download or read book Modern Constitutions written by Rogers M. Smith and published by Democracy, Citizenship, and Company. This book was released on 2020 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.

Constitutionalism and the Paradox of Principles and Rules

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Author :
Publisher :
ISBN 13 : 9780192653949
Total Pages : 225 pages
Book Rating : 4.6/5 (539 download)

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Book Synopsis Constitutionalism and the Paradox of Principles and Rules by : Marcelo Neves

Download or read book Constitutionalism and the Paradox of Principles and Rules written by Marcelo Neves and published by . This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Sociology of Constitutions

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Author :
Publisher : Routledge
ISBN 13 : 1317052935
Total Pages : 290 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Sociology of Constitutions by : Alberto Febbrajo

Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Private Property and the Limits of American Constitutionalism

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Publisher : University of Chicago Press
ISBN 13 : 0226569713
Total Pages : 358 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky

Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.

Constitutionalism, Identity, Difference, and Legitimacy

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Author :
Publisher : Duke University Press
ISBN 13 : 9780822315162
Total Pages : 452 pages
Book Rating : 4.3/5 (151 download)

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Book Synopsis Constitutionalism, Identity, Difference, and Legitimacy by : Michel Rosenfeld

Download or read book Constitutionalism, Identity, Difference, and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

Constitutionalism

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Constitutionalism by : Charles Howard McIlwain

Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

The Paradox of Power

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Author :
Publisher :
ISBN 13 : 9780700632558
Total Pages : 0 pages
Book Rating : 4.6/5 (325 download)

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Book Synopsis The Paradox of Power by : Ballard C. Campbell

Download or read book The Paradox of Power written by Ballard C. Campbell and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to integrate urban, state, and national governments to present a composite portrait of how governance evolved in America.

On Constitutional Disobedience

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Publisher : Oxford University Press
ISBN 13 : 0199898286
Total Pages : 192 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis On Constitutional Disobedience by : Louis Michael Seidman

Download or read book On Constitutional Disobedience written by Louis Michael Seidman and published by Oxford University Press. This book was released on 2013-01-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would the Framers of the Constitution make of multinational corporations? Nuclear weapons? Gay marriage? They led a preindustrial country, much of it dependent on slave labor, huddled on the Atlantic seaboard. The Founders saw society as essentially hierarchical, led naturally by landed gentry like themselves. Yet we still obey their commands, two centuries and one civil war later. According to Louis Michael Seidman, it's time to stop. In On Constitutional Disobedience, Seidman argues that, in order to bring our basic law up to date, it needs benign neglect. This is a highly controversial assertion. The doctrine of "original intent" may be found on the far right, but the entire political spectrum--left and right--shares a deep reverence for the Constitution. And yet, Seidman reminds us, disobedience is the original intent of the Constitution. The Philadelphia convention had gathered to amend the Articles of Confederation, not toss them out and start afresh. The "living Constitution" school tries to bridge the gap between the framers and ourselves by reinterpreting the text in light of modern society's demands. But this attempt is doomed, Seidman argues. One might stretch "due process of law" to protect an act of same-sex sodomy, yet a loyal-but-contemporary reading cannot erase the fact that the Constitution allows a candidate who lost the popular election to be seated as president. And that is only one of the gross violations of popular will enshrined in the document. Seidman systematically addresses and refutes the arguments in favor of Constitutional fealty, proposing instead that it be treated as inspiration, not a set of commands. The Constitution is, at its best, a piece of poetry to liberty and self-government. If we treat it as such, the author argues, we will make better progress in achieving both.

Constituent Power

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Publisher : Edinburgh University Press
ISBN 13 : 147445500X
Total Pages : 272 pages
Book Rating : 4.4/5 (744 download)

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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.

Constitutionalism and the Separation of Powers

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Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

The Supreme Court and the Idea of Constitutionalism

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812221907
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Supreme Court and the Idea of Constitutionalism by : Steven J. Kautz

Download or read book The Supreme Court and the Idea of Constitutionalism written by Steven J. Kautz and published by University of Pennsylvania Press. This book was released on 2011-10-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume distinguished constitutional scholars aim to move debate over the Supreme Court beyond the soundbites that divide us to fundamental questions about the nature of constitutionalism.

Agonistic Democracy

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Publisher : Cambridge University Press
ISBN 13 : 1107003725
Total Pages : 353 pages
Book Rating : 4.1/5 (7 download)

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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.