The Methodology of Constitutional Theory

The Methodology of Constitutional Theory
Author: Dimitrios Kyritsis
Publisher: Bloomsbury Publishing
Total Pages: 464
Release: 2022-02-24
Genre: Law
ISBN: 1509933867

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What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

Comparative Constitutional Theory

Comparative Constitutional Theory
Author: Gary Jacobsohn
Publisher: Edward Elgar Publishing
Total Pages: 549
Release: 2018-02-23
Genre: Law
ISBN: 1784719137

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The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

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.

The Challenge of Originalism

The Challenge of Originalism
Author: Grant Huscroft
Publisher: Cambridge University Press
Total Pages:
Release: 2011-09-12
Genre: Law
ISBN: 1139505130

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Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

The Hollow Core of Constitutional Theory

The Hollow Core of Constitutional Theory
Author: Donald L. Drakeman
Publisher: Cambridge University Press
Total Pages: 247
Release: 2021-04-08
Genre: History
ISBN: 1108485286

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The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.

Deliberation and Decision

Deliberation and Decision
Author: Anne van Aaken
Publisher: Routledge
Total Pages: 464
Release: 2017-03-02
Genre: Law
ISBN: 1351945491

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Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate.

Constitutional Theory

Constitutional Theory
Author: Michael J. Gerhardt
Publisher: Michie
Total Pages: 444
Release: 1993
Genre: Law
ISBN:

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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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Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 110712753X

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This book analyzes the theoretical nuances and practical implications of how judges use precedent.