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Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 46,5 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 : Jon Elster,Rune Slagstad
Publisher : Cambridge University Press
Page : 372 pages
File Size : 55,5 Mb
Release : 1988
Category : Philosophy
ISBN : 0521457211
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
Author : Walter F. Murphy
Publisher : JHU Press
Page : 588 pages
File Size : 48,6 Mb
Release : 2007
Category : Law
ISBN : 0801884705
Publisher Description
Author : American Council of Learned Societies
Publisher : Oxford University Press on Demand
Page : 416 pages
File Size : 47,6 Mb
Release : 1993
Category : Law
ISBN : 9780195071078
"The American Council of Learned Societies comparative constitutionalism papers."--T.p.
Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 41,9 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 : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 41,5 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 : Russell Hardin
Publisher : Unknown
Page : 404 pages
File Size : 47,7 Mb
Release : 2003
Category : Constitutional history
ISBN : 0199261687
In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in whichco-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there areharsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.
Author : Nicholas Sunday
Publisher : GRIN Verlag
Page : 53 pages
File Size : 55,9 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 : 450 pages
File Size : 47,5 Mb
Release : 2017-11-04
Category : Law
ISBN : 9780191046032
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, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó 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 : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 50,9 Mb
Release : 2003
Category : Constitutional law
ISBN : UOM:39015064118659
Author : Jeffrey K. Tulis,Stephen Macedo
Publisher : Princeton University Press
Page : 360 pages
File Size : 48,8 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781400836796
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
Author : Richard Bellamy
Publisher : Routledge
Page : 622 pages
File Size : 42,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351571159
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 : Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 367 pages
File Size : 47,8 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 : Aslı Ü. Bâli,Hanna Lerner
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,9 Mb
Release : 2018-06-21
Category : Law
ISBN : 110769454X
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Author : Vernon Bogdanor,Policy Studies Institute
Publisher : Dartmouth Publishing Company
Page : 422 pages
File Size : 41,9 Mb
Release : 1988
Category : Law
ISBN : UOM:39015016874912
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.