Modern Constitutional Theory

Modern Constitutional Theory
Author: John H. Garvey
Publisher: West Publishing Company
Total Pages: 864
Release: 1999
Genre: Law
ISBN:

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Words That Bind

Words That Bind
Author: John Arthur
Publisher: Routledge
Total Pages: 356
Release: 2018-02-12
Genre: Political Science
ISBN: 0429982585

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Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.

Modern Constitutional Theory

Modern Constitutional Theory
Author: Thomas Alexander Aleinikoff
Publisher:
Total Pages:
Release: 1960
Genre:
ISBN:

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Constitutional Construction

Constitutional Construction
Author: Keith E. Whittington
Publisher: Harvard University Press
Total Pages: 315
Release: 2009-06-01
Genre: Law
ISBN: 0674045157

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This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Cosmic Constitutional Theory

Cosmic Constitutional Theory
Author: J. Harvie Wilkinson
Publisher: OUP USA
Total Pages: 174
Release: 2012-03-12
Genre: Law
ISBN: 0199846014

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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Constitutional Theory

Constitutional Theory
Author: Carl Schmitt
Publisher: Duke University Press
Total Pages: 492
Release: 2008-01-23
Genre: Law
ISBN: 9780822390589

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Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Law as Passion

Law as Passion
Author: Miguel Nogueira de Brito
Publisher: Springer Nature
Total Pages: 256
Release: 2021-03-01
Genre: Law
ISBN: 3030635015

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Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.

Contemporary Perspectives On Constitutional Interpretation

Contemporary Perspectives On Constitutional Interpretation
Author: Susan J Brison
Publisher: Routledge
Total Pages: 358
Release: 2018-03-08
Genre: Political Science
ISBN: 042998099X

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Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.

Dimensions of Dignity

Dimensions of Dignity
Author: Jacob Weinrib
Publisher: Cambridge University Press
Total Pages: 317
Release: 2016-09-15
Genre: Law
ISBN: 1107084288

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Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

Legitimacy and History

Legitimacy and History
Author: Paul W. Kahn
Publisher: Yale University Press
Total Pages: 280
Release: 1992-01-01
Genre: Law
ISBN: 0300054998

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For Americans, legitimate government means self-government. In this brilliant and disturbing analysis, Paul W. Kahn shows that the American Constitution itself makes self-government impossible. Constitutional theory, he argues, has been a history of failed attempts to resolve this paradox.