Constitutions And Political Theory

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Constitutions and Political Theory

Jan-Erik Lane
Constitutions and Political Theory Book PDF

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 53,5 Mb
Release : 1996
Category : Comparative government
ISBN : 0719046483

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Constitutions and Political Theory by Jan-Erik Lane Pdf

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.

Constitutions and Political Theory

Jan-Erik Lane
Constitutions and Political Theory Book PDF

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 294 pages
File Size : 42,6 Mb
Release : 2011-08-15
Category : Political Science
ISBN : 0719083303

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Constitutions and Political Theory by Jan-Erik Lane Pdf

Since constitutional arrangements are what make politics work, they are a central concern of political theory. This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and international politics in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic.

Constitutional and Political Theory

Ernst-Wolfgang Böckenförde
Constitutional and Political Theory Book PDF

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 449 pages
File Size : 49,8 Mb
Release : 2017
Category : Law
ISBN : 9780198714965

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Constitutional and Political Theory by Ernst-Wolfgang Böckenförde Pdf

In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.

Politics, Democracy, and the Supreme Court

Arthur Selwyn Miller
Politics Democracy and the Supreme Court Book PDF

Author : Arthur Selwyn Miller
Publisher : Praeger
Page : 392 pages
File Size : 46,5 Mb
Release : 1985-09-17
Category : Political Science
ISBN : UOM:39015010857574

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Politics, Democracy, and the Supreme Court by Arthur Selwyn Miller Pdf

Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.

Law, Violence and Constituent Power

Héctor López Bofill
Law Violence and Constituent Power Book PDF

Author : Héctor López Bofill
Publisher : Routledge
Page : 192 pages
File Size : 51,6 Mb
Release : 2021-05-30
Category : Business & Economics
ISBN : 9781000393842

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Law, Violence and Constituent Power by Héctor López Bofill Pdf

This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Constitutional Politics

Sotirios A. Barber,Robert P. George
Constitutional Politics Book PDF

Author : Sotirios A. Barber,Robert P. George
Publisher : Princeton University Press
Page : 349 pages
File Size : 47,6 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780691227443

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Constitutional Politics by Sotirios A. Barber,Robert P. George Pdf

What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

The Political Theory of the Constitution

Kenneth W. Thompson
The Political Theory of the Constitution Book PDF

Author : Kenneth W. Thompson
Publisher : Unknown
Page : 240 pages
File Size : 43,7 Mb
Release : 1990
Category : Political Science
ISBN : IND:30000001869993

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The Political Theory of the Constitution by Kenneth W. Thompson Pdf

Originally prepared as lectures arranged by the Miller Center.

Constitutional Democracy

Fred Eidlin
Constitutional Democracy Book PDF

Author : Fred Eidlin
Publisher : Routledge
Page : 419 pages
File Size : 42,7 Mb
Release : 2019-03-04
Category : Political Science
ISBN : 9780429716980

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Constitutional Democracy by Fred Eidlin Pdf

A frequent criticism of contemporary political science is that empirical research too seldom is combined with in-depth inquiry into the philosophical, historical, and legal foundations of the societies it seeks to understand. Others suggest that political scientists specializing in U.S. government too rarely collaborate with those who study other countries. The contributions in this volume belie these claims. The authors, all colleagues, students, and friends of Henry W. Ehrmann, represent the U.S., France, Germany, and Canada, the four countries in which Dr. Ehrmann has lived. The essays reflect the breadth and scope of Ehrmann's work as a teacher, scholar, and political activist. The contributions to this volume cover a broad range of topics, among them political theory and methodology of comparative politics and the interrelationships of economic, social, historical, and political developments, and include theoretically oriented studies of such problems as interest group politics, political culture, and parties. Integrating constitutional law and political philosophy with comparative sociological and historical research and theory, Henry Ehrmann's approach to teaching and research sets an excellent example for the contemporary study of political science.

Constitutional Theory

Carl Schmitt
Constitutional Theory Book PDF

Author : Carl Schmitt
Publisher : Duke University Press
Page : 489 pages
File Size : 52,6 Mb
Release : 2008-01-23
Category : Law
ISBN : 9780822340119

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Constitutional Theory by Carl Schmitt Pdf

This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.

Democratic Theories and the Constitution

Martin Edelman
Democratic Theories and the Constitution Book PDF

Author : Martin Edelman
Publisher : State University of New York Press
Page : 416 pages
File Size : 45,5 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 9781438401843

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Democratic Theories and the Constitution by Martin Edelman Pdf

Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

Strong Constitutions

Maxwell A. Cameron
Strong Constitutions Book PDF

Author : Maxwell A. Cameron
Publisher : Oxford University Press
Page : 270 pages
File Size : 40,7 Mb
Release : 2015-03
Category : Law
ISBN : 9780190235222

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Strong Constitutions by Maxwell A. Cameron Pdf

The separation of powers is an idea with ancient origins, but nowadays it is largely relegated to legal doctrine, public philosophy, or the history of ideas. Yet the concept is often evoked in debates on the 'war' on terrorism, the use of emergency powers, or constitutional reform. Strong Constitutions boldly places the separation of powers on a social scientific footing, arguing that it emerged with the spread of literacy, became central to constitutional thought after the Gutenberg revolution, and faces unprecedented challenges in our current era of electronic communication. Constitutional states use texts to coordinate collective action, and they do so by creating governmental agencies with specific jurisdiction and competence over distinct types of power. Among them are the power to make decisions backed by legally sanctioned coercion; the deliberative power to make procedurally legitimate laws; and the judicial power to interpret and apply laws in particular circumstances. The division of government into three such branches enables state officials and citizens to use written texts-legal codes and documents, including constitutions-along with unwritten rules and conventions to coordinate their activities on larger scales and over longer time horizons. Cameron argues that constitutional states are not weaker because their powers are separated. They are generally stronger because they solve collective action problems rooted in speech and communication. The book is a must read for anyone interested in the separation of powers, its origin, evolution, and consequences.

Principles of Constitutional Design

Donald S. Lutz
Principles of Constitutional Design Book PDF

Author : Donald S. Lutz
Publisher : Cambridge University Press
Page : 251 pages
File Size : 53,5 Mb
Release : 2006-08-28
Category : Political Science
ISBN : 9781139460552

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Principles of Constitutional Design by Donald S. Lutz Pdf

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.

Constitutional Law in Theory and Practice

David M. Beatty
Constitutional Law in Theory and Practice Book PDF

Author : David M. Beatty
Publisher : University of Toronto Press
Page : 216 pages
File Size : 43,6 Mb
Release : 1995-12-15
Category : Law
ISBN : 9781442655171

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Constitutional Law in Theory and Practice by David M. Beatty Pdf

David Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights. The initial chapter introduces the reader to the subject of constitutional law – what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examines significant human rights cases decided by the major courts around the world, in order to illustrate how the same principles and methods of reasoning are used to resolve disputes about the validity of laws no matter what the issue is or where it arises. The book concludes by showing how a theory of constitutional law which emphasizes the social duties which politicians must respect rather than individual rights should be responsive to the concerns of those who are more sceptical about the virtues of law and the courts as well as those who fear the cultural imperialism of western legal concepts. Beatty proposes a radically new way to think about the idea of ‘rights,’ one which emphasizes the social duties that are inherent in every conception of rights. The book argues that by reorienting our thinking about what rights and the rule of law are all about, it is easier to see that rather than being in conflict or tension with each other, democratic decision making and judicial review are supportive of a common set of values and ideals.

Constitutions in Democratic Politics

Vernon Bogdanor,Policy Studies Institute
Constitutions in Democratic Politics Book PDF

Author : Vernon Bogdanor,Policy Studies Institute
Publisher : Dartmouth Publishing Company
Page : 422 pages
File Size : 46,5 Mb
Release : 1988
Category : Law
ISBN : UOM:39015016874912

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Constitutions in Democratic Politics by Vernon Bogdanor,Policy Studies Institute Pdf

The contents of this book includes discussions of the history and theory of constitutions, the British, American and Commonwealth constitutions, the reactive constitutions of Japan, Italy, Germany, and France, the constitutions of the smaller democracies including Switzerland, Israel, Sweden, Belgium and the Netherlands.

Conscience and the Constitution

David A. J. Richards
Conscience and the Constitution Book PDF

Author : David A. J. Richards
Publisher : Princeton University Press
Page : 308 pages
File Size : 49,8 Mb
Release : 2014-07-14
Category : Law
ISBN : 9781400863563

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Conscience and the Constitution by David A. J. Richards Pdf

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. 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.