Forms Of Pluralism And Democratic Constitutionalism

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Forms of Pluralism and Democratic Constitutionalism

Jean L. Cohen,Andrew Arato,Astrid von Busekist
Forms of Pluralism and Democratic Constitutionalism Book PDF

Author : Jean L. Cohen,Andrew Arato,Astrid von Busekist
Publisher : Columbia University Press
Page : 669 pages
File Size : 48,8 Mb
Release : 2018-09-25
Category : Political Science
ISBN : 9780231546959

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Forms of Pluralism and Democratic Constitutionalism by Jean L. Cohen,Andrew Arato,Astrid von Busekist Pdf

The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.

Constitutionalism, Democracy and Religious Freedom

Hans-Martien ten Napel
Constitutionalism Democracy and Religious Freedom Book PDF

Author : Hans-Martien ten Napel
Publisher : Taylor & Francis
Page : 170 pages
File Size : 43,7 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781317236917

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Constitutionalism, Democracy and Religious Freedom by Hans-Martien ten Napel Pdf

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.

The Identity of the Constitutional Subject

Michel Rosenfeld
The Identity of the Constitutional Subject Book PDF

Author : Michel Rosenfeld
Publisher : Routledge
Page : 344 pages
File Size : 53,8 Mb
Release : 2009-10-16
Category : Law
ISBN : 9781135253288

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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.

Federalism, Plurinationality and Democratic Constitutionalism

Ferran Requejo,Miquel Caminal Badia
Federalism Plurinationality and Democratic Constitutionalism Book PDF

Author : Ferran Requejo,Miquel Caminal Badia
Publisher : Routledge
Page : 483 pages
File Size : 45,5 Mb
Release : 2012-02-20
Category : Political Science
ISBN : 9781136584909

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Federalism, Plurinationality and Democratic Constitutionalism by Ferran Requejo,Miquel Caminal Badia Pdf

This book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism and constitutionalism.

Constitutional Law and National Pluralism

Stephen Tierney
Constitutional Law and National Pluralism Book PDF

Author : Stephen Tierney
Publisher : Oxford University Press on Demand
Page : 371 pages
File Size : 53,5 Mb
Release : 2006
Category : Law
ISBN : 0199298610

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Constitutional Law and National Pluralism by Stephen Tierney Pdf

Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.

Federalism, Plurinationality and Democratic Constitutionalism

Ferran Requejo,Miquel Caminal Badia
Federalism Plurinationality and Democratic Constitutionalism Book PDF

Author : Ferran Requejo,Miquel Caminal Badia
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2014-07-04
Category : Cultural pluralism
ISBN : 1138811645

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Federalism, Plurinationality and Democratic Constitutionalism by Ferran Requejo,Miquel Caminal Badia Pdf

This book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism and constitutionalism.

Beyond Constitutionalism

Nico Krisch
Beyond Constitutionalism Book PDF

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 45,7 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Globalization and Sovereignty

Jean L. Cohen
Globalization and Sovereignty Book PDF

Author : Jean L. Cohen
Publisher : Cambridge University Press
Page : 128 pages
File Size : 45,7 Mb
Release : 2012-08-02
Category : Political Science
ISBN : 9781139560269

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Globalization and Sovereignty by Jean L. Cohen Pdf

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Transnational Governance and Constitutionalism

Christian Joerges,Inger-Johanne Sand,Gunther Teubner
Transnational Governance and Constitutionalism Book PDF

Author : Christian Joerges,Inger-Johanne Sand,Gunther Teubner
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 54,9 Mb
Release : 2004-06-30
Category : Law
ISBN : 9781847311771

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Transnational Governance and Constitutionalism by Christian Joerges,Inger-Johanne Sand,Gunther Teubner Pdf

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Freedom and Indigenous Constitutionalism

John Borrows
Freedom and Indigenous Constitutionalism Book PDF

Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 54,6 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956

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Freedom and Indigenous Constitutionalism by John Borrows Pdf

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Agonistic Democracy

Mark Wenman
Agonistic Democracy Book PDF

Author : Mark Wenman
Publisher : Cambridge University Press
Page : 353 pages
File Size : 48,6 Mb
Release : 2013-09-26
Category : Philosophy
ISBN : 9781107003729

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Agonistic Democracy by Mark Wenman Pdf

A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.

Abusive Constitutional Borrowing

Rosalind Dixon,David E. Landau
Abusive Constitutional Borrowing Book PDF

Author : Rosalind Dixon,David E. Landau
Publisher : Oxford University Press
Page : 241 pages
File Size : 52,6 Mb
Release : 2021
Category : Authoritarianism
ISBN : 9780192893765

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Abusive Constitutional Borrowing by Rosalind Dixon,David E. Landau Pdf

Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Constitutionalism and the Separation of Powers

M. J. C. Vile
Constitutionalism and the Separation of Powers Book PDF

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Populist Constitutionalism and Illiberal Democracies

Martin Belov
Populist Constitutionalism and Illiberal Democracies Book PDF

Author : Martin Belov
Publisher : Unknown
Page : 378 pages
File Size : 50,9 Mb
Release : 2021
Category : Democracy
ISBN : 1839701390

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Populist Constitutionalism and Illiberal Democracies by Martin Belov Pdf

This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored. Populist Constitutionalism and Illiberal Democracies is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism. With contributions by Martin Belov (University of Sofia 'St. Kliment Ohridski'), Agnieszka Bien-Kacala (Nicolaus Copernicus University in Torun), Paul Blokker (University of Bologna), Monica Bonini (Università degli Studi di Milano-Bicocca), Carlo Alberto Ciaralli (University 'G. d'Annunzio' of Chieti-Pescara), Eoin Daly (National University of Ireland), Gianmario Demuro (University of Cagliari), Tímea Drinóczi (University of Pécs), Wojciech Engelking (University of Warsaw), Angela Di Gregorio (University of Milano), Marcin Kilanowski (Nicolaus Copernicus University in Torun), Zoltán Pozsár-Szentmiklósy (ELTE Eötvös Loránd University), Przemyslaw Tacik (Jagiellonian University of Kraków), Anna Tarnowska (Nicolaus Copernicus University in Torun), Zoltan J. Toth (Károli Gáspár University), Julia Wesolowska (Jagiellonian University of Kraków) and Wojciech Wloch (Nicolaus Copernicus University in Torun).

The Paradox of Constitutionalism

Martin Loughlin,Neil Walker
The Paradox of Constitutionalism Book PDF

Author : Martin Loughlin,Neil Walker
Publisher : OUP Oxford
Page : 386 pages
File Size : 53,6 Mb
Release : 2008-08-28
Category : Law
ISBN : 0199552207

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The Paradox of Constitutionalism by Martin Loughlin,Neil Walker Pdf

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.