The Paradox of Constitutionalism

The Paradox of Constitutionalism
Author: Martin Loughlin
Publisher: Oxford University Press, USA
Total Pages: 400
Release: 2007
Genre: Law
ISBN:

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In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

The Twilight of Constitutionalism?

The Twilight of Constitutionalism?
Author: Petra Dobner
Publisher: Oxford University Press
Total Pages: 369
Release: 2010-02-11
Genre: Law
ISBN: 0199585008

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The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --

Constitutionalism and the Paradox of Principles and Rules

Constitutionalism and the Paradox of Principles and Rules
Author: Marcelo Neves
Publisher: Oxford University Press
Total Pages: 225
Release: 2021
Genre: Law
ISBN: 0192898744

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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.

Constitutionalism and the Paradox of Principles and Rules

Constitutionalism and the Paradox of Principles and Rules
Author: Marcelo Neves
Publisher:
Total Pages: 225
Release: 2021
Genre: Constitutional law
ISBN: 9780192653949

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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.

Language, Democracy, and the Paradox of Constituent Power

Language, Democracy, and the Paradox of Constituent Power
Author: Catherine Frost
Publisher: Routledge
Total Pages: 134
Release: 2021-04-19
Genre: Political Science
ISBN: 0429884737

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In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

Constituting Empire

Constituting Empire
Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
Total Pages: 505
Release: 2006-05-18
Genre: Law
ISBN: 0807876879

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According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

The Identity of the Constitutional Subject

The Identity of the Constitutional Subject
Author: Michel Rosenfeld
Publisher: Routledge
Total Pages: 344
Release: 2009-10-16
Genre: Law
ISBN: 1135253285

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The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Modern Constitutions

Modern Constitutions
Author: Rogers M. Smith
Publisher: Democracy, Citizenship, and Company
Total Pages: 336
Release: 2020
Genre: History
ISBN: 0812252349

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The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.

Constitutionalism

Constitutionalism
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 172
Release: 2005
Genre: Constitutional history
ISBN: 1584775505

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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.

The Paradox of Power

The Paradox of Power
Author: Ballard C. Campbell
Publisher:
Total Pages: 0
Release: 2021
Genre: Federal government
ISBN: 9780700632558

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The first book to integrate urban, state, and national governments to present a composite portrait of how governance evolved in America.