Download Full eBooks in PDF
Constitutional Law Constitutionalism And Democracy Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Constitutional Law Constitutionalism And Democracy book. This book definitely worth reading, it is an incredibly well-written.
Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 40,7 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 42,7 Mb
Release : 2021-06-01
Category : Law
ISBN : 9781487537234
As things stand, a commitment to weak democracy and strong constitutionalism ensures that a range of elite groups, actors, and institutions – political, economic, intellectual, and legal – hold considerable sway over constitutional matters, leaving less room for the participation of ordinary people. With the continued primacy of liberal constitutionalism, constitutional law has come to represent and facilitate the centrality of judicial power and authority. In Democracy and Constitutions, Allan C. Hutchinson warns against this deference to a legal elite on questions of constitutional meaning. For Hutchinson, an over-reliance on constitutional law, and a lack of attention to democratic politics, keeps people from influencing the moral and political character of society; it saps civic energies and relegates ordinary people to the sidelines. Engaging and provocative, Democracy and Constitutions charts a course away from the elitism of the present and toward a more democratic future, one that re-balances society’s commitment to both democracy and constitutions. Advocating for a strong democracy and weak constitutionalism, this book places ordinary people at the institutional heart of government and politics, arguing that such a re-calibration is better for democracy and for society.
Author : Nicholas Sunday
Publisher : GRIN Verlag
Page : 53 pages
File Size : 40,9 Mb
Release : 2013-05-02
Category : Political Science
ISBN : 9783656424086
Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science
Author : András Sajó,Renáta Uitz
Publisher : Oxford University Press
Page : 500 pages
File Size : 41,7 Mb
Release : 2017
Category : Law
ISBN : 9780198732174
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 48,6 Mb
Release : 1996
Category : Comparative government
ISBN : 0719046483
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Author : Walter F. Murphy
Publisher : JHU Press
Page : 588 pages
File Size : 55,9 Mb
Release : 2007
Category : Law
ISBN : 0801884705
Publisher Description
Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 43,7 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author : Thomas Bustamante,Bernardo Gonçalves Fernandes
Publisher : Springer
Page : 328 pages
File Size : 47,7 Mb
Release : 2016-04-19
Category : Law
ISBN : 9783319283715
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Author : Richard Bellamy
Publisher : Routledge
Page : 722 pages
File Size : 50,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351571142
Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Author : American Council of Learned Societies
Publisher : Oxford University Press on Demand
Page : 416 pages
File Size : 49,5 Mb
Release : 1993
Category : Law
ISBN : 9780195071078
"The American Council of Learned Societies comparative constitutionalism papers."--T.p.
Author : François Venter
Publisher : BRILL
Page : 310 pages
File Size : 52,8 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004481404
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 54,9 Mb
Release : 2003
Category : Constitutional law
ISBN : UOM:39015064118659
Author : Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 271 pages
File Size : 45,5 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9781919980027
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Author : Vicki C. Jackson,Yasmin Dawood
Publisher : Cambridge University Press
Page : 281 pages
File Size : 41,5 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781009158534
This interdisciplinary volume highlights the crucial role of effective government in sustaining democratic constitutionalism. In each chapter, leaders in the fields of constitutional law and politics provide innovative analyses of the relationships between effective government and democratic constitutionalism, its principles, and its institutions.
Author : International Association of Constitutional Law. World Congress,Christian Starck
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 54,9 Mb
Release : 1999
Category : Constitutional law
ISBN : 378905917X
Pluralistic, democratic societies face particular constitutional challenges. Taking German law as their starting-point, these fourteen essays give a comparative analysis of the constitutional framework of modern democracies. The contributors, who are professors of public law in Germany, discuss the role of the rule of law, of judicial review and of democratic representation, and analyse the extent to which German constitutional law has been echoed or adopted abroad. Further essays address particular issues of civil rights in an age where the role of the state is diminishing and cultural pluralism is increasing, examining the rights of minorities, non-citizens and the ways in which democracies have defined the relationship between religion and the state. The volume, which contains the German contributions to the 1999 Fifth World Congress of the International Association of Constitutional Law (IACL), will be of particular interest to students and teachers of public law, comparative law and political science, and to civil servants and legislators.