Reconsidering Constitutional Formation Ii Decisive Constitutional Normativity

Download Reconsidering Constitutional Formation Ii Decisive Constitutional Normativity full books in PDF, epub, and Kindle. Read online Reconsidering Constitutional Formation Ii Decisive Constitutional Normativity ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Author : Ulrike Müßig
Publisher : Springer
ISBN 13 : 3319730371
Total Pages : 425 pages
Book Rating : 4.3/5 (197 download)

DOWNLOAD NOW!

Book Synopsis Reconsidering Constitutional Formation II Decisive Constitutional Normativity by : Ulrike Müßig

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by Springer. This book was released on 2018-05-25 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Author : Ulrike Müßig
Publisher :
ISBN 13 : 9781013269950
Total Pages : 424 pages
Book Rating : 4.2/5 (699 download)

DOWNLOAD NOW!

Book Synopsis Reconsidering Constitutional Formation II Decisive Constitutional Normativity by : Ulrike Müßig

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by . This book was released on 2020-10-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

DOWNLOAD NOW!

Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Principles of Constitutional Design

Author : Donald S. Lutz
Publisher : Cambridge University Press
ISBN 13 : 1139460552
Total Pages : 251 pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis Principles of Constitutional Design by : Donald S. Lutz

Download or read book Principles of Constitutional Design written by Donald S. Lutz and published by Cambridge University Press. This book was released on 2006-08-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Essays on Kelsen

Author : Richard Tur
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

DOWNLOAD NOW!

Book Synopsis Essays on Kelsen by : Richard Tur

Download or read book Essays on Kelsen written by Richard Tur and published by Oxford University Press, USA. This book was released on 1986 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A very important collection of esays on the legal philosophy of Hans Kelsen....The collection has a pleasant unity and includes a superb introduction by the editors that provides a framework for the essays and a perspective from which to evaluate Kelsen's contributions to legal theory." --Choice

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?

A Critique of Adjudication [fin de Sicle]

Author : Duncan Kennedy
Publisher : Harvard University Press
ISBN 13 : 9780674039520
Total Pages : 436 pages
Book Rating : 4.0/5 (395 download)

DOWNLOAD NOW!

Book Synopsis A Critique of Adjudication [fin de Sicle] by : Duncan Kennedy

Download or read book A Critique of Adjudication [fin de Sicle] written by Duncan Kennedy and published by Harvard University Press. This book was released on 2009-06-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism. Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

The Oxford Handbook of Criminal Law

Author : Markus D Dubber
Publisher : OUP Oxford
ISBN 13 : 0191654604
Total Pages : 1294 pages
Book Rating : 4.1/5 (916 download)

DOWNLOAD NOW!

Book Synopsis The Oxford Handbook of Criminal Law by : Markus D Dubber

Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

The Psychic Life of Power

Author : Judith Butler
Publisher : Stanford University Press
ISBN 13 : 9780804728126
Total Pages : 236 pages
Book Rating : 4.7/5 (281 download)

DOWNLOAD NOW!

Book Synopsis The Psychic Life of Power by : Judith Butler

Download or read book The Psychic Life of Power written by Judith Butler and published by Stanford University Press. This book was released on 1997 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judith Butler's new book considers the way in which psychic life is generated by the social operation of power, and how that social operation of power is concealed and fortified by the psyche that it produces. It combines social theory, philosophy, and psychoanalysis in novel ways, and offers a more sustained analysis of the theory of subject formation implicit in her previous books.

National Tradition or Western Pattern?

Author : Michał Gałędek
Publisher : BRILL
ISBN 13 : 9004441123
Total Pages : 348 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!

Book Synopsis National Tradition or Western Pattern? by : Michał Gałędek

Download or read book National Tradition or Western Pattern? written by Michał Gałędek and published by BRILL. This book was released on 2020-11-23 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph by Michał Gałędek presents the process of rebuilding administrative structures on the eve of establishment of the Kingdom of Poland in 1815, in connection with the plans of tsar Alexander I to grant a liberal constitutional political system to the Kingdom.

The Constitution of Algorithms

Author : Florian Jaton
Publisher : MIT Press
ISBN 13 : 0262542145
Total Pages : 401 pages
Book Rating : 4.2/5 (625 download)

DOWNLOAD NOW!

Book Synopsis The Constitution of Algorithms by : Florian Jaton

Download or read book The Constitution of Algorithms written by Florian Jaton and published by MIT Press. This book was released on 2021-04-27 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A laboratory study that investigates how algorithms come into existence. Algorithms--often associated with the terms big data, machine learning, or artificial intelligence--underlie the technologies we use every day, and disputes over the consequences, actual or potential, of new algorithms arise regularly. In this book, Florian Jaton offers a new way to study computerized methods, providing an account of where algorithms come from and how they are constituted, investigating the practical activities by which algorithms are progressively assembled rather than what they may suggest or require once they are assembled.

The Legitimacy of European Constitutional Orders

Author : Marco Dani
Publisher : Edward Elgar Publishing
ISBN 13 : 1803928891
Total Pages : 343 pages
Book Rating : 4.8/5 (39 download)

DOWNLOAD NOW!

Book Synopsis The Legitimacy of European Constitutional Orders by : Marco Dani

Download or read book The Legitimacy of European Constitutional Orders written by Marco Dani and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.

Regional Accountability and Executive Power in Europe

Author : Marcel Morabito
Publisher : Taylor & Francis
ISBN 13 : 1040014623
Total Pages : 316 pages
Book Rating : 4.0/5 (4 download)

DOWNLOAD NOW!

Book Synopsis Regional Accountability and Executive Power in Europe by : Marcel Morabito

Download or read book Regional Accountability and Executive Power in Europe written by Marcel Morabito and published by Taylor & Francis. This book was released on 2024-04-09 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the major issues currently affecting the accountability of executive power in Europe. The work is divided into three parts. The first examines the territorial dimension including unitary, regional and federal. It discusses how territorial actors participate in strengthening or weakening the implementation of accountability of executive power in modern democratic States. The second part explores the links between national traditions and European accountability of executive power to establish a common European culture. The third and final part focuses on how to build a truly multidisciplinary approach to accountability of executive power and draws on legal, historical and political approaches. The volume will be an invaluable resource for researchers, academics and policy-makers in constitutional law and politics, public law, comparative law, legal history and government.

Static and Evolutive Treaty Interpretation

Author : Christian Djeffal
Publisher : Cambridge University Press
ISBN 13 : 110711831X
Total Pages : 451 pages
Book Rating : 4.1/5 (71 download)

DOWNLOAD NOW!

Book Synopsis Static and Evolutive Treaty Interpretation by : Christian Djeffal

Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.

Comparative Executive Power in Europe

Author : Marcel Morabito
Publisher : Taylor & Francis
ISBN 13 : 1000898989
Total Pages : 286 pages
Book Rating : 4.0/5 (8 download)

DOWNLOAD NOW!

Book Synopsis Comparative Executive Power in Europe by : Marcel Morabito

Download or read book Comparative Executive Power in Europe written by Marcel Morabito and published by Taylor & Francis. This book was released on 2023-07-18 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an up-to-date interdisciplinary assessment of the accountability of executive power in different European States and at the European Union level. From a legal perspective, it wonders to what extent the forms of responsibility and accountability of executive power have evolved in terms of legal technique or framework. From a historical perspective, it looks at the evolution of responsibility paradigms. From a political science perspective, it examines responsibility and the expectations of European democracies in terms of authority and efficiency. The volume also has a quantitative aspect identifying, gathering and analysing statistical material on responsibility and accountability in current political regimes. The book will be a valuable resource for researchers, academics, and policy-makers in constitutional law and politics, public law, comparative law, comparative politics, legal history and government.

Institutional Constructivism in Social Sciences and Law

Author : Dora Kostakopoulou
Publisher : Cambridge University Press
ISBN 13 : 1108470548
Total Pages : 231 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!

Book Synopsis Institutional Constructivism in Social Sciences and Law by : Dora Kostakopoulou

Download or read book Institutional Constructivism in Social Sciences and Law written by Dora Kostakopoulou and published by Cambridge University Press. This book was released on 2018-10-04 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book develops the model of institutional constructivism to aid socio-legal research and to account for patterns of socio-legal change.

Sovereignty, Knowledge, Law

Author : Panu Minkkinen
Publisher : Routledge
ISBN 13 : 1134028598
Total Pages : 366 pages
Book Rating : 4.1/5 (34 download)

DOWNLOAD NOW!

Book Synopsis Sovereignty, Knowledge, Law by : Panu Minkkinen

Download or read book Sovereignty, Knowledge, Law written by Panu Minkkinen and published by Routledge. This book was released on 2009-05-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.