Theory Of Societal Constitutionalism

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Theory of Societal Constitutionalism

David Sciulli
Theory of Societal Constitutionalism Book PDF

Author : David Sciulli
Publisher : Cambridge University Press
Page : 382 pages
File Size : 54,8 Mb
Release : 1992
Category : Political Science
ISBN : 9780521410403

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Theory of Societal Constitutionalism by David Sciulli Pdf

The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.

Constitutional Imaginaries

Jiří Přibáň
Constitutional Imaginaries Book PDF

Author : Jiří Přibáň
Publisher : Routledge
Page : 176 pages
File Size : 45,8 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000456097

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Constitutional Imaginaries by Jiří Přibáň Pdf

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Sociology of Constitutions

Alberto Febbrajo,Giancarlo Corsi
Sociology of Constitutions Book PDF

Author : Alberto Febbrajo,Giancarlo Corsi
Publisher : Routledge
Page : 290 pages
File Size : 43,6 Mb
Release : 2016-05-05
Category : Law
ISBN : 9781317052937

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Sociology of Constitutions by Alberto Febbrajo,Giancarlo Corsi Pdf

This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Constitutional Fragments

Gunther Teubner
Constitutional Fragments Book PDF

Author : Gunther Teubner
Publisher : Oxford University Press
Page : 226 pages
File Size : 40,5 Mb
Release : 2012-03
Category : Law
ISBN : 9780199644674

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Constitutional Fragments by Gunther Teubner Pdf

The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.

Critical Theory and Legal Autopoiesis

Gunther Teubner
Critical Theory and Legal Autopoiesis Book PDF

Author : Gunther Teubner
Publisher : Critical Theory and Contemporary Society
Page : 408 pages
File Size : 50,6 Mb
Release : 2019-04-12
Category : Autopoiesis
ISBN : 1526107228

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Critical Theory and Legal Autopoiesis by Gunther Teubner Pdf

This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

Sociological Constitutionalism

Paul Blokker,Chris Thornhill
Sociological Constitutionalism Book PDF

Author : Paul Blokker,Chris Thornhill
Publisher : Cambridge University Press
Page : 369 pages
File Size : 43,5 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107124042

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Sociological Constitutionalism by Paul Blokker,Chris Thornhill Pdf

This landmark book provides the first systematic overview of key research in the sociology of constitutions.

Constitutionalism in the Global Realm

Poul F. Kjaer
Constitutionalism in the Global Realm Book PDF

Author : Poul F. Kjaer
Publisher : Routledge
Page : 187 pages
File Size : 43,5 Mb
Release : 2014-04-03
Category : Law
ISBN : 9781317804819

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Constitutionalism in the Global Realm by Poul F. Kjaer Pdf

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Constitutional Law in Theory and Practice

David M. Beatty
Constitutional Law in Theory and Practice Book PDF

Author : David M. Beatty
Publisher : University of Toronto Press
Page : 216 pages
File Size : 50,9 Mb
Release : 1995-12-15
Category : Law
ISBN : 9781442655171

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Constitutional Law in Theory and Practice by David M. Beatty Pdf

David Beatty draws on more than twenty years' teaching experience to produce a comprehensive introduction to the basic rules in constitutional law, accessible to law and non-law students alike. He reviews the leading cases handed down by the Supreme Court of Canada and the Privy Council concerning the original BNA Act of 1867 and the Canadian Charter of Rights enacted in 1982. As well, Beatty reviews many of the most important decisions made by other courts around the world and analyses the function judges and courts perform in liberal democratic societies when they enforce written constitutions including bills of rights. The initial chapter introduces the reader to the subject of constitutional law – what it is all about, what its function is, and how it interacts with the constitutional text. The book goes on to examine Canadian federalism law and the Supreme Court of Canada's experience in the first decade in the life of the Charter of Rights. Beatty also examines significant human rights cases decided by the major courts around the world, in order to illustrate how the same principles and methods of reasoning are used to resolve disputes about the validity of laws no matter what the issue is or where it arises. The book concludes by showing how a theory of constitutional law which emphasizes the social duties which politicians must respect rather than individual rights should be responsive to the concerns of those who are more sceptical about the virtues of law and the courts as well as those who fear the cultural imperialism of western legal concepts. Beatty proposes a radically new way to think about the idea of ‘rights,’ one which emphasizes the social duties that are inherent in every conception of rights. The book argues that by reorienting our thinking about what rights and the rule of law are all about, it is easier to see that rather than being in conflict or tension with each other, democratic decision making and judicial review are supportive of a common set of values and ideals.

Constitutionalism in the Global Realm

Poul F. Kjaer
Constitutionalism in the Global Realm Book PDF

Author : Poul F. Kjaer
Publisher : Routledge
Page : 226 pages
File Size : 55,6 Mb
Release : 2014-04-03
Category : Law
ISBN : 9781317804802

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Constitutionalism in the Global Realm by Poul F. Kjaer Pdf

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Constitutional Fragments

Gunther Teubner
Constitutional Fragments Book PDF

Author : Gunther Teubner
Publisher : OUP Oxford
Page : 226 pages
File Size : 51,7 Mb
Release : 2012-03-01
Category : Law
ISBN : 9780191629341

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Constitutional Fragments by Gunther Teubner Pdf

In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.

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 : 41,8 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.

Debating Legal Pluralism and Constitutionalism

Guillaume Tusseau
Debating Legal Pluralism and Constitutionalism Book PDF

Author : Guillaume Tusseau
Publisher : Springer Nature
Page : 343 pages
File Size : 45,5 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030344320

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Debating Legal Pluralism and Constitutionalism by Guillaume Tusseau Pdf

The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.

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 : 51,7 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.

Digital Constitutionalism in Europe

Giovanni De Gregorio
Digital Constitutionalism in Europe Book PDF

Author : Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 383 pages
File Size : 41,8 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316512777

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Digital Constitutionalism in Europe by Giovanni De Gregorio Pdf

How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

Social and Economic Rights in Theory and Practice

Helena Alviar García,Karl Klare,Lucy A. Williams
Social and Economic Rights in Theory and Practice Book PDF

Author : Helena Alviar García,Karl Klare,Lucy A. Williams
Publisher : Routledge
Page : 358 pages
File Size : 48,7 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317964421

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Social and Economic Rights in Theory and Practice by Helena Alviar García,Karl Klare,Lucy A. Williams Pdf

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.