Politics And Constitutionalism

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Political Constitutionalism

Richard Bellamy
Political Constitutionalism Book PDF

Author : Richard Bellamy
Publisher : Cambridge University Press
Page : 280 pages
File Size : 43,8 Mb
Release : 2007-09-13
Category : Political Science
ISBN : 9781139467919

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Political Constitutionalism by Richard Bellamy Pdf

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Constitutional Politics in Canada and the United States

Stephen L. Newman
Constitutional Politics in Canada and the United States Book PDF

Author : Stephen L. Newman
Publisher : State University of New York Press
Page : 291 pages
File Size : 49,6 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791485842

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Constitutional Politics in Canada and the United States by Stephen L. Newman Pdf

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

Constitutional Politics in Multinational Democracies

André Lecours,Nikola Brassard-Dion,Guy Laforest
Constitutional Politics in Multinational Democracies Book PDF

Author : André Lecours,Nikola Brassard-Dion,Guy Laforest
Publisher : McGill-Queen's Press - MQUP
Page : 161 pages
File Size : 45,6 Mb
Release : 2021-07-15
Category : Political Science
ISBN : 9780228007463

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Constitutional Politics in Multinational Democracies by André Lecours,Nikola Brassard-Dion,Guy Laforest Pdf

Constitutional politics is exceptionally intense and unpredictable. It involves negotiations over the very nature of the state and the implications of self- determination. Multinational democracies face pressing challenges to the existing order because they are composed of communities with distinct cultures, histories, and aspirations, striving to coexist under mutually agreed-upon terms. Conflict over the recognition of these multiple identities and the distribution of power and resources is inevitable and, indeed, part of what defines democratic life in multinational societies. In Constitutional Politics in Multinational Democracies André Lecours, Nikola Brassard-Dion, and Guy Laforest bring together experts on multinational democracies to analyze the claims of minority nations about their political future and the responses they elicit through constitutional politics. Essays focus on the nature of these states and the actors and political process within them. This framework allows for a multidimensional examination of crucial political periods in these democracies by assessing what constitutional politics is, who is involved in it, and how it happens. Case studies include Catalonia and Spain, Puerto Rico and the United States, Scotland and the United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the Métis People in Canada. Theoretically significant and empirically rich, Constitutional Politics in Multinational Democracies is a necessary read for any student of multinationalism.

Democracy and Constitutions

Allan C. Hutchinson
Democracy and Constitutions Book PDF

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 46,5 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Constitutionalism, Executive Power, and the Spirit of Moderation

Giorgi Areshidze,Paul O. Carrese,Suzanna Sherry
Constitutionalism Executive Power and the Spirit of Moderation Book PDF

Author : Giorgi Areshidze,Paul O. Carrese,Suzanna Sherry
Publisher : SUNY Press
Page : 418 pages
File Size : 42,8 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781438460413

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Constitutionalism, Executive Power, and the Spirit of Moderation by Giorgi Areshidze,Paul O. Carrese,Suzanna Sherry Pdf

Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Constitutionalism and a Right to Effective Government?

Vicki C. Jackson,Yasmin Dawood
Constitutionalism and a Right to Effective Government Book PDF

Author : Vicki C. Jackson,Yasmin Dawood
Publisher : Cambridge University Press
Page : 281 pages
File Size : 55,7 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781009178105

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Constitutionalism and a Right to Effective Government? by Vicki C. Jackson,Yasmin Dawood Pdf

Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

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 : 48,8 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.

Against Constitutionalism

Martin Loughlin
Against Constitutionalism Book PDF

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 54,7 Mb
Release : 2022-05-17
Category : LAW
ISBN : 9780674268029

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Against Constitutionalism by Martin Loughlin Pdf

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Constitutionalism and Democracy

Jon Elster,Rune Slagstad
Constitutionalism and Democracy Book PDF

Author : Jon Elster,Rune Slagstad
Publisher : Cambridge University Press
Page : 372 pages
File Size : 45,8 Mb
Release : 1988
Category : Philosophy
ISBN : 0521457211

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Constitutionalism and Democracy by Jon Elster,Rune Slagstad Pdf

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.

A New Constitutionalism

Stephen L. Elkin,Karol Edward Soltan
A New Constitutionalism Book PDF

Author : Stephen L. Elkin,Karol Edward Soltan
Publisher : University of Chicago Press
Page : 251 pages
File Size : 53,9 Mb
Release : 1993-06-15
Category : Philosophy
ISBN : 9780226204642

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A New Constitutionalism by Stephen L. Elkin,Karol Edward Soltan Pdf

In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.

Constitutionalism and Political Reconstruction

Saïd Amir Arjomand
Constitutionalism and Political Reconstruction Book PDF

Author : Saïd Amir Arjomand
Publisher : BRILL
Page : 402 pages
File Size : 54,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789004151741

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Constitutionalism and Political Reconstruction by Saïd Amir Arjomand Pdf

This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

Courting Constitutionalism

Moeen Cheema
Courting Constitutionalism Book PDF

Author : Moeen Cheema
Publisher : Cambridge University Press
Page : 289 pages
File Size : 54,8 Mb
Release : 2021-12-16
Category : Law
ISBN : 9781108831888

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Courting Constitutionalism by Moeen Cheema Pdf

Presents a deeply contextualized account of public law and judicial review in Pakistan.

City, State

Ran Hirschl
City State Book PDF

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 54,5 Mb
Release : 2020
Category : Law
ISBN : 9780190922771

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City, State by Ran Hirschl Pdf

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Political Culture and Constitutionalism

Daniel P. Franklin,Michael J. Baun
Political Culture and Constitutionalism Book PDF

Author : Daniel P. Franklin,Michael J. Baun
Publisher : M.E. Sharpe
Page : 264 pages
File Size : 49,8 Mb
Release : 1995
Category : Political Science
ISBN : 1563244152

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Political Culture and Constitutionalism by Daniel P. Franklin,Michael J. Baun Pdf

This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.

Constitutions and Constitutionalism

William George Andrews
Constitutions and Constitutionalism Book PDF

Author : William George Andrews
Publisher : Unknown
Page : 208 pages
File Size : 42,5 Mb
Release : 1963
Category : Constitutional law
ISBN : UCAL:B3376667

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Constitutions and Constitutionalism by William George Andrews Pdf

Presents the constitutions of four major world powers (the major British constitutional documents; France, Germany, and Soviet Union's translated into English) within the framework of a theoretical discussion of constitutionalism and constitutions; accompanied by an original essay on constitutionalism.