The Political Theory Of The Constitution

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Constitutions and Political Theory

Jan-Erik Lane
Constitutions and Political Theory Book PDF

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 310 pages
File Size : 50,8 Mb
Release : 1996
Category : Comparative government
ISBN : 0719046483

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Constitutions and Political Theory by Jan-Erik Lane Pdf

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.

The Political Theory of the Constitution

Kenneth W. Thompson
The Political Theory of the Constitution Book PDF

Author : Kenneth W. Thompson
Publisher : Unknown
Page : 240 pages
File Size : 53,7 Mb
Release : 1990
Category : Political Science
ISBN : STANFORD:36105044520216

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The Political Theory of the Constitution by Kenneth W. Thompson Pdf

Originally prepared as lectures arranged by the Miller Center.

Democratic Theories and the Constitution

Martin Edelman
Democratic Theories and the Constitution Book PDF

Author : Martin Edelman
Publisher : State University of New York Press
Page : 416 pages
File Size : 42,7 Mb
Release : 1985-06-30
Category : Political Science
ISBN : 9781438401843

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Democratic Theories and the Constitution by Martin Edelman Pdf

Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

Constitutional and Political Theory

Ernst-Wolfgang Böckenförde
Constitutional and Political Theory Book PDF

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 449 pages
File Size : 54,5 Mb
Release : 2017
Category : Law
ISBN : 9780198714965

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Constitutional and Political Theory by Ernst-Wolfgang Böckenförde Pdf

In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.

The Political Theory of a Compound Republic

Vincent Ostrom,Barbara Allen
The Political Theory of a Compound Republic Book PDF

Author : Vincent Ostrom,Barbara Allen
Publisher : Lexington Books
Page : 315 pages
File Size : 40,6 Mb
Release : 2007-11-29
Category : Political Science
ISBN : 9780739159149

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The Political Theory of a Compound Republic by Vincent Ostrom,Barbara Allen Pdf

The Political Theory of a Compound Republic examines the foundation of American constitutional design expressed in theFederalist. Through meticulous textual analysis, the logical principles of federalism_the extended and compound republic envisioned by James Madison and Alexander Hamilton_are revealed as thirteen propositions broadly applicable to any effort to design the institutions of a self-governing polity. The final chapters, expanded and revised by Vincent Ostrom and Barbara Allen, turn to the American experiment in constitutional choice at the threshold of the twenty-first century. In this revised edition, Ostrom and Allen consider the continuing story of federal institutional development by focusing on two current concerns: the 'imperial presidency' and the ideal of universal human rights. This third, revised and expanded edition of The Political Theory of a Compound Republic continues to be of interest to scholars of federalism, institutional analysis and development, political economy and public choice, and students of the American founding. It is also useful in undergraduate and graduate courses on American government and political thought.

Politics, Democracy, and the Supreme Court

Arthur Selwyn Miller
Politics Democracy and the Supreme Court Book PDF

Author : Arthur Selwyn Miller
Publisher : Praeger
Page : 0 pages
File Size : 49,9 Mb
Release : 1985-09-17
Category : Political Science
ISBN : 9780313248313

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Politics, Democracy, and the Supreme Court by Arthur Selwyn Miller Pdf

Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.

Political Theory and the European Constitution

Lynn Dobson,Andreas Follesdal
Political Theory and the European Constitution Book PDF

Author : Lynn Dobson,Andreas Follesdal
Publisher : Routledge
Page : 256 pages
File Size : 50,6 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134297047

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Political Theory and the European Constitution by Lynn Dobson,Andreas Follesdal Pdf

In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.

Political Political Theory

Jeremy Waldron
Political Political Theory Book PDF

Author : Jeremy Waldron
Publisher : Harvard University Press
Page : 369 pages
File Size : 42,8 Mb
Release : 2016-03-07
Category : Political Science
ISBN : 9780674970366

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Political Political Theory by Jeremy Waldron Pdf

Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.

A Preface to American Political Theory

Donald S. Lutz
A Preface to American Political Theory Book PDF

Author : Donald S. Lutz
Publisher : University Press of Kansas
Page : 210 pages
File Size : 55,8 Mb
Release : 1992-09-03
Category : Political Science
ISBN : 9780700605460

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A Preface to American Political Theory by Donald S. Lutz Pdf

Donald Lutz begins A Preface to American Political Theory by explaining what the book doesn't do. It doesn't begin with a panegyric to the American founding. It doesn't answer the following questions: "What are the basic principles in the U.S. Constitution? What were the intentions of the founders with respect to (fill in your own topic)? What is the meaning of pluralism, or separation of powers, or democracy, or (fill in your own concept)?" In short, it doesn't provide an overview of the content, development, or major conclusions of American political theory. What it does do is provide "a pre-theoretical analysis of how to go about studying questions like the ones above-how to conceptualize the project, how to proceed in looking for answers, how to avoid the logical traps peculiar to the study of American political theory." Lutz sets out to emancipate American political theorists from empiricism and inappropriate European theories and methadologies. The end result is to establish the foundation for the systematic study of American behavior, institutions, and ideas; to provide a general introduction to the study of American political theory; and to illustrate how textual analysis, history, empirical research, and analytic philosophy are all part of the enterprise. Designed for students and scholars in all disciplines, including political science, history, and legal studies, A Preface to American Political Theory doesn't provide answers to central continuing issues in American political theory. Rather, it provides an effective, sophisticated entree into the study of American political theory. Readers will be armed with the intellectual tools to engage in systematic study and makes them aware of the pitfalls they will inevitably encounter.

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.

Law, Politics, and the Constitution

Antonia Geisler,Michael Hein,Siri Hummel
Law Politics and the Constitution Book PDF

Author : Antonia Geisler,Michael Hein,Siri Hummel
Publisher : Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
Page : 0 pages
File Size : 49,7 Mb
Release : 2014
Category : Civil rights
ISBN : 3631654642

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Law, Politics, and the Constitution by Antonia Geisler,Michael Hein,Siri Hummel Pdf

The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.

Constitutions and Political Theory

Jan-Erik Lane
Constitutions and Political Theory Book PDF

Author : Jan-Erik Lane
Publisher : Manchester University Press
Page : 294 pages
File Size : 54,9 Mb
Release : 2011-08-15
Category : Political Science
ISBN : 0719083303

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Constitutions and Political Theory by Jan-Erik Lane Pdf

Since constitutional arrangements are what make politics work, they are a central concern of political theory. This book, now completely updated, is the first comprehensive exploration of the political theory of constitutions. Jan-Erik Lane begins by examining the origins and history of constitutionalism and answers key questions such as: What is a constitution? Why are there constitutions? From where does constitutionalism originate? How is the constitutional state related to democracy and justice? Constitutions play a major role in domestic and international politics in the early 21st century and an updated version of this classic textbook will introduce students to a number of different areas -- theoretical, empirical, and moral -- which will aid their understanding of this important topic.

Constitutional Democracy

Fred Eidlin
Constitutional Democracy Book PDF

Author : Fred Eidlin
Publisher : Routledge
Page : 419 pages
File Size : 54,6 Mb
Release : 2019-03-04
Category : Political Science
ISBN : 9780429716980

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Constitutional Democracy by Fred Eidlin Pdf

A frequent criticism of contemporary political science is that empirical research too seldom is combined with in-depth inquiry into the philosophical, historical, and legal foundations of the societies it seeks to understand. Others suggest that political scientists specializing in U.S. government too rarely collaborate with those who study other countries. The contributions in this volume belie these claims. The authors, all colleagues, students, and friends of Henry W. Ehrmann, represent the U.S., France, Germany, and Canada, the four countries in which Dr. Ehrmann has lived. The essays reflect the breadth and scope of Ehrmann's work as a teacher, scholar, and political activist. The contributions to this volume cover a broad range of topics, among them political theory and methodology of comparative politics and the interrelationships of economic, social, historical, and political developments, and include theoretically oriented studies of such problems as interest group politics, political culture, and parties. Integrating constitutional law and political philosophy with comparative sociological and historical research and theory, Henry Ehrmann's approach to teaching and research sets an excellent example for the contemporary study of political science.

The Political Dimension of Constitutional Law

Miguel Nogueira de Brito,Luís Pereira Coutinho
The Political Dimension of Constitutional Law Book PDF

Author : Miguel Nogueira de Brito,Luís Pereira Coutinho
Publisher : Springer Nature
Page : 185 pages
File Size : 42,5 Mb
Release : 2020-03-21
Category : Law
ISBN : 9783030384593

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The Political Dimension of Constitutional Law by Miguel Nogueira de Brito,Luís Pereira Coutinho Pdf

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.

The Political Constitution

Greg Weiner
The Political Constitution Book PDF

Author : Greg Weiner
Publisher : University Press of Kansas
Page : 224 pages
File Size : 51,6 Mb
Release : 2019-08-02
Category : Political Science
ISBN : 9780700628377

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The Political Constitution by Greg Weiner Pdf

Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.