The Methodology Of Constitutional Theory
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Author | : Dimitrios Kyritsis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 464 |
Release | : 2022-02-24 |
Genre | : Law |
ISBN | : 1509933867 |
Download The Methodology of Constitutional Theory Book in PDF, Epub and Kindle
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.
Author | : Gary Jacobsohn |
Publisher | : Edward Elgar Publishing |
Total Pages | : 549 |
Release | : 2018-02-23 |
Genre | : Law |
ISBN | : 1784719137 |
Download Comparative Constitutional Theory Book in PDF, Epub and Kindle
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.
Author | : J. Harvie Wilkinson |
Publisher | : OUP USA |
Total Pages | : 174 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 0199846014 |
Download Cosmic Constitutional Theory Book in PDF, Epub and Kindle
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.
Author | : Grant Huscroft |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-09-12 |
Genre | : Law |
ISBN | : 1139505130 |
Download The Challenge of Originalism Book in PDF, Epub and Kindle
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.
Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 15 |
Release | : |
Genre | : |
ISBN | : 1437984878 |
Download Selected Theories of Constitutional Interpretation Book in PDF, Epub and Kindle
Author | : Donald L. Drakeman |
Publisher | : Cambridge University Press |
Total Pages | : 247 |
Release | : 2021-04-08 |
Genre | : History |
ISBN | : 1108485286 |
Download The Hollow Core of Constitutional Theory Book in PDF, Epub and Kindle
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author | : Anne van Aaken |
Publisher | : Routledge |
Total Pages | : 464 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351945491 |
Download Deliberation and Decision Book in PDF, Epub and Kindle
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.
Author | : Michael J. Gerhardt |
Publisher | : Michie |
Total Pages | : 444 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download Constitutional Theory Book in PDF, Epub and Kindle
Author | : John H. Garvey |
Publisher | : West Publishing Company |
Total Pages | : 864 |
Release | : 1999 |
Genre | : Law |
ISBN | : |
Download Modern Constitutional Theory Book in PDF, Epub and Kindle
Author | : Randy J. Kozel |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2017-06-06 |
Genre | : Law |
ISBN | : 110712753X |
Download Settled Versus Right Book in PDF, Epub and Kindle
This book analyzes the theoretical nuances and practical implications of how judges use precedent.