Peace Discontent And Constitutional Law
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Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 281 |
Release | : 2021-05-24 |
Genre | : Law |
ISBN | : 1000385337 |
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 270 |
Release | : 2021-05-23 |
Genre | : Law |
ISBN | : 1000385272 |
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Author | : Martin Luther King |
Publisher | : HarperOne |
Total Pages | : 0 |
Release | : 2025-01-14 |
Genre | : History |
ISBN | : 9780063425811 |
A beautiful commemorative edition of Dr. Martin Luther King's essay "Letter from Birmingham Jail," part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. "Letter from Birmingham Jail" proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality.
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : Tom Ginsburg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 681 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 0857931210 |
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author | : Hugo Grotius |
Publisher | : |
Total Pages | : 374 |
Release | : 1814 |
Genre | : International law |
ISBN | : |
Author | : Fruzsina Gárdos-Orosz |
Publisher | : Routledge |
Total Pages | : 309 |
Release | : 2021-05-03 |
Genre | : Business & Economics |
ISBN | : 1000386228 |
This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author | : Karolina Milewicz |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2020-07-23 |
Genre | : Law |
ISBN | : 1108835090 |
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Author | : Roger Brownsword |
Publisher | : Taylor & Francis |
Total Pages | : 179 |
Release | : 2023-11-06 |
Genre | : Law |
ISBN | : 1000992136 |
This book analyses discontent with law and assesses the prospect of better governance by technology. In the first part of the book, where the context is ‘low tech’, the range of discontent with law is examined; the underlying reasons for such discontent are identified (namely, the human nature of the legal enterprise, its reliance on rules, and the pluralistic nature of human communities); and the reasonableness of such discontent is assessed. In the second part of the book, where the context is ‘high-tech’ (with new tools becoming available to undertake governance functions), the question is whether discontent with law is further provoked or, to the contrary, is eased. While new technologies provoke further discontent with law’s claimed authority, its ineffectiveness, and its principles, positions, and policies, they also promise more effective and efficient ways of achieving order. The book closes with some reflections on the ambivalence that humans might experience when faced with the choice between law’s governance and apparently better performing governance by technology. That law’s governance is imperfect is undeniable; that humans should quest after better governance is right; but, the shape of our technological futures is unclear. This accessibly written book will appeal to scholars and students who are working in the broad and burgeoning field of law, regulation, and technology, as well as to legal theorists, political scientists, and sociologists with interests in the impact of new technology.
Author | : Martin Belov |
Publisher | : Taylor & Francis |
Total Pages | : 323 |
Release | : 2022-12-30 |
Genre | : Law |
ISBN | : 1000830381 |
This book addresses the current crisis that threatens the rule of law and has led to the need for its adjustment as normative concept, legal principle and pragmatic guideline for the behaviour of political players. Rule of law is a pillar of the constitutional orders and a key principle of national, international and EU law. Yet, rule of law is subject to pressure for change in the face of emergency, crisis and transition. This book explores how constitutional crisis, emergency constitutionalism and constitutional polycrisis assert pressures for the transformation of rule of law and thus produce a state of flux. It examines the rule of law from the viewpoint of constitutional imaginaries, memory politics and identity politics. It critically assesses the responses given by the EU and its member states to the current crisis. The work also provides an analysis of the most important challenges to rule of law stemming from the performance of constitutional courts, including the risks of judicial activism, politicization of the courts and judicialization of politics. The book will be an invaluable resource for researchers, academics and policy-makers working in the areas of Constitutional Law and Political Science.