Constitutional Ethos

Author : Alexander Tsesis
Publisher : Oxford University Press
Page : 217 pages
File Size : 54,6 Mb
Release : 2017
Category : Law
ISBN : 9780199359844

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Constitutional Ethos by Alexander Tsesis Pdf

"[This book] is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. ... A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. ... Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good."--Publisher's website.

Author : Andrew Williams
Publisher : Cambridge University Press
Page : 369 pages
File Size : 51,9 Mb
Release : 2010-03-11
Category : Law
ISBN : 9781139483971

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The Ethos of Europe by Andrew Williams Pdf

Can the EU become a 'just' institution? Andrew Williams considers this highly charged political and moral question by examining the role of five salient values said to be influential in the governance and law of the Union: peace, the rule of law, respect for human rights, democracy, and liberty. He assesses each of these as elements of an apparent 'institutional ethos' and philosophy of EU law and finds that justice as a governing ideal has failed to be taken seriously in the EU. To remedy this condition, he proposes a new set of principles upon which justice might be brought more to the fore in the Union's governance. By focusing on the realisation of human rights as a core institutional value, Williams argues that the EU can better define its moral limits so as to evolve as a more just project.

Author : Philip Bobbitt
Publisher : Oxford University Press
Page : 304 pages
File Size : 55,7 Mb
Release : 1984-03-15
Category : Political Science
ISBN : 9780199878581

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Constitutional Fate by Philip Bobbitt Pdf

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

Author : Eoin G.. Cassidy
Publisher : Unknown
Page : 146 pages
File Size : 51,9 Mb
Release : 2008
Category : Culture and globalization
ISBN : OCLC:232108941

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Community, Constitution, Ethos by Eoin G.. Cassidy Pdf

Author : Bosko Tripkovic
Publisher : Oxford University Press
Page : 273 pages
File Size : 53,6 Mb
Release : 2017
Category : Law
ISBN : 9780198808084

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The Metaethics of Constitutional Adjudication by Bosko Tripkovic Pdf

Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.

Author : Philip Bobbitt
Publisher : Oxford University Press
Page : 298 pages
File Size : 53,7 Mb
Release : 1982-10-28
Category : Law
ISBN : 9780199874248

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Constitutional Fate by Philip Bobbitt Pdf

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

Author : Michel Rosenfeld
Publisher : Routledge
Page : 324 pages
File Size : 52,9 Mb
Release : 2009-10-16
Category : Law
ISBN : 9781135253271

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The Identity of the Constitutional Subject by Michel Rosenfeld Pdf

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Author : Xenophon Contiades
Publisher : Routledge
Page : 490 pages
File Size : 52,6 Mb
Release : 2012-12-20
Category : Law
ISBN : 9781136210778

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Engineering Constitutional Change by Xenophon Contiades Pdf

This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country’s amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.

Author : Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta
Publisher : Oxford University Press
Page : 1121 pages
File Size : 42,7 Mb
Release : 2016
Category : Law
ISBN : 9780198704898

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The Oxford Handbook of the Indian Constitution by Sujit Choudhry,Madhav Khosla,Pratap Bhanu Mehta Pdf

As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.

Author : Lenn E. Goodman,Robert B. Talisse
Publisher : State University of New York Press
Page : 176 pages
File Size : 41,7 Mb
Release : 2012-02-01
Category : Philosophy
ISBN : 9780791479360

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Aristotle's Politics Today by Lenn E. Goodman,Robert B. Talisse Pdf

According to Aristotle, man's essential sociality implies a distinctive conception of politics, one in which all political associations exist for the sake of the moral perfection of human beings. This stands in sharp contrast with the modern view of politics that man is not "by nature" political; rather, man chooses to create political associations for the sake of securing the protection of his life and property. Many political theorists have begun to express doubts about this modern view, calling for a return to Aristotle's vision of a politics that is deeply moral. In Aristotle's Politics Today, distinguished political philosophers representing a diversity of approaches examine the meaning, relevance, and implications of Aristotle's political thought for contemporary social and political theory. The contributors engage a broad range of topics, including Aristotle's views on constitutionalism, the extension of Aristotelian ideas to issues in international relations, the place of Aristotelian virtue in modern democratic politics, and Aristotle's conception of justice.

Author : Richard S. Markovits
Publisher : NYU Press
Page : 466 pages
File Size : 53,9 Mb
Release : 1998-07
Category : Law
ISBN : 9780814755136

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Matters of Principle by Richard S. Markovits Pdf

The United States is generally believed to be a liberal, rights-based culture. In such a society, Richard S. Markovits asserts, arguments of moral principle are the dominant type of legitimate legal argument. Markovits analyzes various rights associated with our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, Matters of Principle is a deeply engaged and thoughtful work, certain to be controversial and much debated.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 50,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Author : Bidyut Chakrabarty
Publisher : Routledge
Page : 238 pages
File Size : 41,6 Mb
Release : 2019-03-18
Category : Social Science
ISBN : 9780429016523

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India's Constitutional Identity by Bidyut Chakrabarty Pdf

An analysis of selective aspects of India’s constitutional identity, this book provides an analytical account of the changing and changed texture of India’s constitutional identity bearing in mind the historical context in which it is articulated. The book conceptualizes the gradual evolution of an idea by tracing the history of India’s constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India’s constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged. A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.

Author : Mark A. Graber,Sanford Levinson,Mark Tushnet
Publisher : Oxford University Press
Page : 352 pages
File Size : 52,7 Mb
Release : 2018-08-23
Category : Law
ISBN : 9780190889005

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Constitutional Democracy in Crisis? by Mark A. Graber,Sanford Levinson,Mark Tushnet Pdf

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Author : Michel Rosenfeld,András Sajó
Publisher : OUP Oxford
Page : 1417 pages
File Size : 53,8 Mb
Release : 2012-05-17
Category : Law
ISBN : 9780191640179

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The Oxford Handbook of Comparative Constitutional Law by Michel Rosenfeld,András Sajó Pdf

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.