Postliberal Constitutionalism

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Postliberal Constitutionalism

Adam Sulikowski
Postliberal Constitutionalism Book PDF

Author : Adam Sulikowski
Publisher : Taylor & Francis
Page : 189 pages
File Size : 50,7 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000832839

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Postliberal Constitutionalism by Adam Sulikowski Pdf

This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. In short, this book maintains, conservative illiberalism has taken over the role that postmodernism could have played: the role of a ‘jester discourse’ relativizing the certainties and finality of liberal democracy. As the book argues, however, what this connection reveals is the necessity of a legal and political response that does not simply and hysterically reaffirm the former liberal hegemony. Rather, drawing on Foucault and post-Marxism, it articulates a concept of agonistic democracy that aims to shift the center of gravity in constitutional discourse away from any naive liberal faith in the nonpolitical. This book will appeal to constitutional lawyers, as well as to legal and political theorists with interests in contemporary populism and liberal thought.

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 : 47,9 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781009158534

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

This interdisciplinary volume highlights the crucial role of effective government in sustaining democratic constitutionalism. In each chapter, leaders in the fields of constitutional law and politics provide innovative analyses of the relationships between effective government and democratic constitutionalism, its principles, and its institutions.

The Myth of the Sacred

Donald E. Abelson,Patrick James,Michael Lusztig
The Myth of the Sacred Book PDF

Author : Donald E. Abelson,Patrick James,Michael Lusztig
Publisher : McGill-Queen's Press - MQUP
Page : 276 pages
File Size : 40,6 Mb
Release : 2002
Category : History
ISBN : 0773524355

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The Myth of the Sacred by Donald E. Abelson,Patrick James,Michael Lusztig Pdf

In this collection the authors challenge the "myth of the sacred" - the idea that certain aspects of the constitutional process - judicial political behaviour, interest group politics, and centralization of power - are untouchable politically. They suggest that certain actors and institutions have contributed to a myth about the normative basis of Canadian constitutional politics, a myth perpetuated through the popular media as well as much of the scholarly literature. Such actors often disguise their overtly political behavior with a cloak of impartiality, presenting their actions as furthering the public good and therefore immune to challenge. The Myth of the Sacred seeks to challenge this ideal. At its core this myth embodies the Trudeauian ideal of Canadian society - one that features a constitution that empowers impartial judges at the expense of politically motivated legislators; one that allows each individual to enjoy a uniform range of rights, freedoms, and means of belonging to the larger Canadian society; and one that seeks to ensure the primacy of the national government rather than the provincial. Trudeau called his vision the Just Society. But justice is an illusive and amorphous concept. Defining it, much less institutionalizing it, is fraught with risk. In modern liberal democracies, justice is typically understood as the product of some mix of liberty and equality, process and substance, with the amount of each component varying according to taste. It is not unusual for political actors to seek to institutionalize their own formulas for justice, but it is also not reasonable to expect these formulas to go unchallenged. Such a challenge represents the dominant theme of this volume. Contributors include Donald E. Abelson, Tom Flanagan (University of Calgary), Patrick James, James B. Kelly (Brock University), Michael Lusztig, Christopher P. Manfredi (McGill University), Hudson Meadwell (McGill University), Anthony A. Peacock (Utah State University), Mark Rush (Washington and Lee University), and Shannon I. Smithey (Kent State University).

Judicializing Everything?

Mark S. Harding
Judicializing Everything Book PDF

Author : Mark S. Harding
Publisher : University of Toronto Press
Page : 192 pages
File Size : 55,5 Mb
Release : 2022
Category : Law
ISBN : 9781487528485

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Judicializing Everything? by Mark S. Harding Pdf

Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

Constitutionalism and Democracy

American Council of Learned Societies
Constitutionalism and Democracy Book PDF

Author : American Council of Learned Societies
Publisher : Oxford University Press on Demand
Page : 416 pages
File Size : 51,5 Mb
Release : 1993
Category : Law
ISBN : 9780195071078

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Constitutionalism and Democracy by American Council of Learned Societies Pdf

"The American Council of Learned Societies comparative constitutionalism papers."--T.p.

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 : 47,5 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.

Conquest, Constitutionalism and Democratic Contestations

Joel M. Modiri
Conquest Constitutionalism and Democratic Contestations Book PDF

Author : Joel M. Modiri
Publisher : Routledge
Page : 303 pages
File Size : 54,9 Mb
Release : 2020-05-21
Category : Law
ISBN : 9781000022414

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Conquest, Constitutionalism and Democratic Contestations by Joel M. Modiri Pdf

Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Postcolonial Legality: Law, Power and Politics in Zambia

Jeremy Gould
Postcolonial Legality Law Power and Politics in Zambia Book PDF

Author : Jeremy Gould
Publisher : Taylor & Francis
Page : 251 pages
File Size : 48,6 Mb
Release : 2023-03-24
Category : Law
ISBN : 9780429581649

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Postcolonial Legality: Law, Power and Politics in Zambia by Jeremy Gould Pdf

This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.

Law, Politics and the Judicial Process in Canada

Frederick Lee Morton
Law Politics and the Judicial Process in Canada Book PDF

Author : Frederick Lee Morton
Publisher : University of Calgary Press
Page : 673 pages
File Size : 55,7 Mb
Release : 2002
Category : Canada
ISBN : 9781552380468

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Law, Politics and the Judicial Process in Canada by Frederick Lee Morton Pdf

Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.

Assisted Reproduction Policy in Canada

Dave Snow
Assisted Reproduction Policy in Canada Book PDF

Author : Dave Snow
Publisher : University of Toronto Press
Page : 198 pages
File Size : 43,5 Mb
Release : 2018-08-24
Category : History
ISBN : 9781487515317

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Assisted Reproduction Policy in Canada by Dave Snow Pdf

The world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government’s policy failure can be traced to its contradictory "policy framing," which sent mixed messages about the purposes of the legislation. In light of the federal government’s diminished role, Snow examines how other institutions have made policy in this emerging field. Snow finds provincial governments, medical organizations, and even courts have engaged in considerable policymaking, particularly with respect to surrogacy, parentage, and clinical intervention. The result—a complex field of overlapping and often conflicting policies—paints a fascinating portrait of different political actors and institutions working together. Accessibly written yet comprehensive in scope, Assisted Reproduction Policy in Canada highlights how paying attention to multiple policymakers can improve our knowledge of health care regulation.

Law, Populism, and the Political in Central and Eastern Europe

Rafał Mańko,Adam Sulikowski,Przemysław Tacik,Cosmin Cercel
Law Populism and the Political in Central and Eastern Europe Book PDF

Author : Rafał Mańko,Adam Sulikowski,Przemysław Tacik,Cosmin Cercel
Publisher : Taylor & Francis
Page : 276 pages
File Size : 43,9 Mb
Release : 2023-12-05
Category : Law
ISBN : 9781003818861

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Law, Populism, and the Political in Central and Eastern Europe by Rafał Mańko,Adam Sulikowski,Przemysław Tacik,Cosmin Cercel Pdf

This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.

Against Post-Liberal Courts and Justice

Lesley A. Jacobs,Matthew McManus
Against Post Liberal Courts and Justice Book PDF

Author : Lesley A. Jacobs,Matthew McManus
Publisher : Springer Nature
Page : 140 pages
File Size : 44,8 Mb
Release : 2024-01-28
Category : Political Science
ISBN : 9783031453472

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Against Post-Liberal Courts and Justice by Lesley A. Jacobs,Matthew McManus Pdf

This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.

Comparative Constitutional History

Francesco Biagi,Justin O. Frosini,Jason Mazzone
Comparative Constitutional History Book PDF

Author : Francesco Biagi,Justin O. Frosini,Jason Mazzone
Publisher : BRILL
Page : 392 pages
File Size : 48,6 Mb
Release : 2022-12-05
Category : Political Science
ISBN : 9789004523739

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Comparative Constitutional History by Francesco Biagi,Justin O. Frosini,Jason Mazzone Pdf

Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Progressive Constitutionalism

Robin West
Progressive Constitutionalism Book PDF

Author : Robin West
Publisher : Duke University Press
Page : 380 pages
File Size : 53,5 Mb
Release : 1994
Category : Law
ISBN : 0822315254

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Progressive Constitutionalism by Robin West Pdf

The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems--notably private, unchecked criminal violence and extreme economic deprivation--as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations--and, perhaps, point us toward a more just society.

New Constitutionalism in Latin America

Almut Schilling-Vacaflor
New Constitutionalism in Latin America Book PDF

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 436 pages
File Size : 47,9 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088639

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New Constitutionalism in Latin America by Almut Schilling-Vacaflor Pdf

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.