Human Rights And Constituent Power

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Human Rights and Constituent Power

Illan Wall
Human Rights and Constituent Power Book PDF

Author : Illan Wall
Publisher : Routledge
Page : 207 pages
File Size : 40,9 Mb
Release : 2013-03
Category : Law
ISBN : 9781136644146

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Human Rights and Constituent Power by Illan Wall Pdf

Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of 'right-ing'.

Human Rights and Constituent Power

Illan rua Wall
Human Rights and Constituent Power Book PDF

Author : Illan rua Wall
Publisher : Routledge
Page : 236 pages
File Size : 41,5 Mb
Release : 2013-03-01
Category : Law
ISBN : 9781136644139

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Human Rights and Constituent Power by Illan rua Wall Pdf

With the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay at the heart of human rights was forgotten in an increasing juridification. This book seeks to recover the radical political pole of human rights. It looks to the debates surrounding constituent power – the ‘power of the people’ – in order to understand different possibilities for the discourse. Using continental political philosophy and critical legal theory, Human Rights and Constituent Power presents a very different conception of human rights, more at home on the riotous streets than in courtrooms and parliaments.

Constituent Power

Arvidsson Matilda Arvidsson
Constituent Power Book PDF

Author : Arvidsson Matilda Arvidsson
Publisher : Edinburgh University Press
Page : 272 pages
File Size : 40,5 Mb
Release : 2020-08-18
Category : Law
ISBN : 9781474455008

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Constituent Power by Arvidsson Matilda Arvidsson Pdf

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

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 : 46,5 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.

Constituent Power and Constitutional Order

M. Spång
Constituent Power and Constitutional Order Book PDF

Author : M. Spång
Publisher : Springer
Page : 205 pages
File Size : 43,8 Mb
Release : 2014-06-25
Category : History
ISBN : 9781137383006

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Constituent Power and Constitutional Order by M. Spång Pdf

Constituent power of the people is a core concept of modern politics but what does this concept actually mean? This book addresses this question, sketching how constituent power of the people has been conceived since the early modern revolutions.

Constituent Power and the Law

Joel I. Colon-Rios
Constituent Power and the Law Book PDF

Author : Joel I. Colon-Rios
Publisher : Unknown
Page : 353 pages
File Size : 55,6 Mb
Release : 2020
Category : Constituent power
ISBN : 9780198785989

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Constituent Power and the Law by Joel I. Colon-Rios Pdf

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Constitutional Crowdsourcing

Abat i Ninet, Antoni
Constitutional Crowdsourcing Book PDF

Author : Abat i Ninet, Antoni
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 51,7 Mb
Release : 2021-11-23
Category : Law
ISBN : 9781786430519

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Constitutional Crowdsourcing by Abat i Ninet, Antoni Pdf

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

Free to Protest

András Sajó
Free to Protest Book PDF

Author : András Sajó
Publisher : Eleven International Publishing
Page : 0 pages
File Size : 43,9 Mb
Release : 2009
Category : Assembly, Right of
ISBN : 907759664X

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Free to Protest by András Sajó Pdf

"This book addresses the issue of public demonstrations, looking at the experiences of established democracies (EU member states and USA) and countries in transition. The approach of the book is to cover the problem not as a strictly legal one, but to combine the constitutional and human rights aspects with the historical, political and philosophical dimensions. The recent history of mass protests in democracies and semi-democracies raises a number of concerns. Some of these concerns are related to the proper balance between the right to demonstrate and its impacts on third parties." --Book Jacket.

Negotiating the Power of the People

Lucia Rubinelli
Negotiating the Power of the People Book PDF

Author : Lucia Rubinelli
Publisher : Cambridge University Press
Page : 279 pages
File Size : 44,7 Mb
Release : 2020-05-21
Category : History
ISBN : 9781108485432

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Negotiating the Power of the People by Lucia Rubinelli Pdf

Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

Constitutionalism in Global Constitutionalisation

Aoife O'Donoghue
Constitutionalism in Global Constitutionalisation Book PDF

Author : Aoife O'Donoghue
Publisher : Cambridge University Press
Page : 281 pages
File Size : 47,5 Mb
Release : 2014-06-05
Category : Law
ISBN : 9781107050259

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Constitutionalism in Global Constitutionalisation by Aoife O'Donoghue Pdf

Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.

The Adventures of the Constituent Power

Andrew Arato
The Adventures of the Constituent Power Book PDF

Author : Andrew Arato
Publisher : Cambridge University Press
Page : 483 pages
File Size : 51,6 Mb
Release : 2017-11-30
Category : Law
ISBN : 9781107126794

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The Adventures of the Constituent Power by Andrew Arato Pdf

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

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 : 50,7 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.

Constitutional Theory: Schmitt After Derrida

Jacques de Ville
Constitutional Theory Schmitt After Derrida Book PDF

Author : Jacques de Ville
Publisher : Taylor & Francis
Page : 231 pages
File Size : 42,9 Mb
Release : 2017-04-21
Category : Law
ISBN : 9781351866408

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Constitutional Theory: Schmitt After Derrida by Jacques de Ville Pdf

Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index

Agonistic Democracy

Mark Wenman
Agonistic Democracy Book PDF

Author : Mark Wenman
Publisher : Cambridge University Press
Page : 353 pages
File Size : 47,7 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.

Constituent Power in the European Union

Markus Patberg
Constituent Power in the European Union Book PDF

Author : Markus Patberg
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 52,8 Mb
Release : 2021-01-03
Category : Law
ISBN : 9780198845218

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Constituent Power in the European Union by Markus Patberg Pdf

This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.