The Principles Of Constitutionalism

Author : N. W. Barber
Publisher : Oxford University Press
Page : 340 pages
File Size : 53,8 Mb
Release : 2018-07-26
Category : Law
ISBN : 9780192535689

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The Principles of Constitutionalism by N. W. Barber Pdf

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Author : BARBER.
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2024-06-25
Category : Electronic
ISBN : 0191846007

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PRINCIPLES OF CONSTITUTIONALISM. by BARBER. Pdf

Author : Donald S. Lutz
Publisher : Cambridge University Press
Page : 251 pages
File Size : 53,9 Mb
Release : 2006-08-28
Category : Political Science
ISBN : 9781139460552

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Principles of Constitutional Design by Donald S. Lutz Pdf

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Author : Grant Huscroft
Publisher : Cambridge University Press
Page : 332 pages
File Size : 50,5 Mb
Release : 2008-04-21
Category : Law
ISBN : 0521887410

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Expounding the Constitution by Grant Huscroft Pdf

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.

Author : N. W. Barber
Publisher : OUP Oxford
Page : 224 pages
File Size : 41,8 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191637254

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The Constitutional State by N. W. Barber Pdf

The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

Author : N. W. Barber
Publisher : Oxford University Press
Page : 401 pages
File Size : 40,7 Mb
Release : 2021-09-30
Category : Law
ISBN : 9780192593443

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The United Kingdom Constitution by N. W. Barber Pdf

This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.

Author : Kiwinda Mbondenyi,Osogo Ambani
Publisher : African Books Collective
Page : 268 pages
File Size : 48,7 Mb
Release : 2012-12-29
Category : Law
ISBN : 9789966031907

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The New Constitutional Law of Kenya. Principles, Government and Human Rights by Kiwinda Mbondenyi,Osogo Ambani Pdf

The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.

Author : Silvia Suteu
Publisher : Oxford University Press
Page : 272 pages
File Size : 54,8 Mb
Release : 2021-05-20
Category : Law
ISBN : 9780192602602

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Eternity Clauses in Democratic Constitutionalism by Silvia Suteu Pdf

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

Author : Dieter Grimm
Publisher : Oxford University Press
Page : 401 pages
File Size : 41,5 Mb
Release : 2016
Category : Constitutional history
ISBN : 9780198766124

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Constitutionalism by Dieter Grimm Pdf

Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution couldemerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world,as well as the possibility of supra-national constitutionalism.Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Author : Richard Albert,Se-shauna Wheatle,Derek O'Brien
Publisher : Oxford University Press, USA
Page : 753 pages
File Size : 55,5 Mb
Release : 2020-04-09
Category : Law
ISBN : 9780198793045

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The Oxford Handbook of Caribbean Constitutions by Richard Albert,Se-shauna Wheatle,Derek O'Brien Pdf

The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.0Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system,0and the independence of the judiciary.0Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.0This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 45,5 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880

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Common Good Constitutionalism by Adrian Vermeule Pdf

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
Page : 172 pages
File Size : 46,7 Mb
Release : 2005
Category : Constitutional history
ISBN : 9781584775508

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Constitutionalism by Charles Howard McIlwain Pdf

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 44,7 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

Author : Marcelo Neves
Publisher : Oxford University Press
Page : 225 pages
File Size : 49,8 Mb
Release : 2021
Category : Law
ISBN : 9780192898746

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Constitutionalism and the Paradox of Principles and Rules by Marcelo Neves Pdf

This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 53,8 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.