Constitutional Change And Popular Sovereignty

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Constitutional Change and Popular Sovereignty

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

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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.

Popular Sovereignty in Early Modern Constitutional Thought

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191062456
Total Pages : 375 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Popular Sovereignty in Early Modern Constitutional Thought by : Daniel Lee

Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee and published by Oxford University Press. This book was released on 2016-02-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Inherent Rights, the Written Constitution, and Popular Sovereignty

Author : Thomas B. McAffee
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313001103
Total Pages : 200 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Inherent Rights, the Written Constitution, and Popular Sovereignty by : Thomas B. McAffee

Download or read book Inherent Rights, the Written Constitution, and Popular Sovereignty written by Thomas B. McAffee and published by Bloomsbury Publishing USA. This book was released on 2000-07-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.

The Foundations and Traditions of Constitutional Amendment

Author : Richard D. Albert
Publisher :
ISBN 13 : 9781509908288
Total Pages : pages
Book Rating : 4.9/5 (82 download)

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Book Synopsis The Foundations and Traditions of Constitutional Amendment by : Richard D. Albert

Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard D. Albert and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereignty in Action

Author : Bas Leijssenaar
Publisher : Cambridge University Press
ISBN 13 : 1108483518
Total Pages : 247 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Sovereignty in Action by : Bas Leijssenaar

Download or read book Sovereignty in Action written by Bas Leijssenaar and published by Cambridge University Press. This book was released on 2019-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Participatory Constitutional Change

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

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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.

Our Republican Constitution

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

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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.

We the People, Volume 1

Author : Bruce A. Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674736591
Total Pages : 384 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis We the People, Volume 1 by : Bruce A. Ackerman

Download or read book We the People, Volume 1 written by Bruce A. Ackerman and published by Harvard University Press. This book was released on 1993-03-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics. More than a decade in the making, and the first of three volumes, this compelling book speaks to all who seek to renew and redefine our civic commitments in the decades ahead.

The Time of Popular Sovereignty

Author : Paulina Ochoa Espejo
Publisher : Penn State Press
ISBN 13 : 027107454X
Total Pages : 219 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Time of Popular Sovereignty by : Paulina Ochoa Espejo

Download or read book The Time of Popular Sovereignty written by Paulina Ochoa Espejo and published by Penn State Press. This book was released on 2015-09-10 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In The Time of Popular Sovereignty, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and critical theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy.

Constitutional Rights and Powers of the People

Author : Wayne D. Moore
Publisher : Princeton University Press
ISBN 13 : 1400887453
Total Pages : 310 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Constitutional Rights and Powers of the People by : Wayne D. Moore

Download or read book Constitutional Rights and Powers of the People written by Wayne D. Moore and published by Princeton University Press. This book was released on 2017-03-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Representing Popular Sovereignty

Author : Daniel Lessard Levin
Publisher : SUNY Press
ISBN 13 : 9780791441060
Total Pages : 300 pages
Book Rating : 4.4/5 (41 download)

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Book Synopsis Representing Popular Sovereignty by : Daniel Lessard Levin

Download or read book Representing Popular Sovereignty written by Daniel Lessard Levin and published by SUNY Press. This book was released on 1999-03-18 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the events of the Constitutions Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitutions importance as a political document and its weakness as a symbol in American popular culture.

The Politics of Constitutional Change in Industrial Nations

Author : Keith G Banting
Publisher : Palgrave Macmillan
ISBN 13 :
Total Pages : 282 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Politics of Constitutional Change in Industrial Nations by : Keith G Banting

Download or read book The Politics of Constitutional Change in Industrial Nations written by Keith G Banting and published by Palgrave Macmillan. This book was released on 1985-06-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.

Madison V. Marshall

Author : Guy Padula
Publisher : Lexington Books
ISBN 13 : 9780739103630
Total Pages : 214 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Madison V. Marshall by : Guy Padula

Download or read book Madison V. Marshall written by Guy Padula and published by Lexington Books. This book was released on 2002-03 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.

We the People, Volume 2

Author : Bruce Ackerman
Publisher : Harvard University Press
ISBN 13 : 0674736621
Total Pages : 538 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis We the People, Volume 2 by : Bruce Ackerman

Download or read book We the People, Volume 2 written by Bruce Ackerman and published by Harvard University Press. This book was released on 2000-09-15 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional change, seemingly so orderly, formal, and refined, has in fact been a revolutionary process from the first, as Bruce Ackerman makes clear in We the People, Volume 2: Transformations. The Founding Fathers, hardly the genteel conservatives of myth, set America on a remarkable course of revolutionary disruption and constitutional creativity that endures to this day. After the bloody sacrifices of the Civil War, Abraham Lincoln and the Republican Party revolutionized the traditional system of constitutional amendment as they put principles of liberty and equality into higher law. Another wrenching transformation occurred during the Great Depression, when Franklin Roosevelt and his New Dealers vindicated a new vision of activist government against an assault by the Supreme Court. These are the crucial episodes in American constitutional history that Ackerman takes up in this second volume of a trilogy hailed as “one of the most important contributions to American constitutional thought in the last half-century” (Cass Sunstein, The New Republic). In each case he shows how the American people—whether led by the Founding Federalists or the Lincoln Republicans or the Roosevelt Democrats—have confronted the Constitution in its moments of great crisis with dramatic acts of upheaval, always in the name of popular sovereignty. A thoroughly new way of understanding constitutional development, We the People, Volume 2: Transformations reveals how America’s “dualist democracy” provides for these populist upheavals that amend the Constitution, often without formalities. The book also sets contemporary events, such as the Reagan Revolution and Roe v. Wade, in deeper constitutional perspective. In this context Ackerman exposes basic constitutional problems inherited from the New Deal Revolution and exacerbated by the Reagan Revolution, then considers the fundamental reforms that might resolve them. A bold challenge to formalist and fundamentalist views, this volume demonstrates that ongoing struggle over America’s national identity, rather than consensus, marks its constitutional history.

Popular Sovereignty and the Crisis of German Constitutional Law

Author : Peter C. Caldwell
Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)

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Book Synopsis Popular Sovereignty and the Crisis of German Constitutional Law by : Peter C. Caldwell

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Perfecting the Constitution

Author : Darren Patrick Guerra
Publisher : Lexington Books
ISBN 13 : 0739183869
Total Pages : 253 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Perfecting the Constitution by : Darren Patrick Guerra

Download or read book Perfecting the Constitution written by Darren Patrick Guerra and published by Lexington Books. This book was released on 2013-06-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

Sovereignty & the Responsibility to Protect

Author : Luke Glanville
Publisher : University of Chicago Press
ISBN 13 : 022607708X
Total Pages : 305 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Sovereignty & the Responsibility to Protect by : Luke Glanville

Download or read book Sovereignty & the Responsibility to Protect written by Luke Glanville and published by University of Chicago Press. This book was released on 2013-12-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.