Power Beyond Constitutions
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| Author | : Miloš Brunclík |
| Publisher | : Springer Nature |
| Total Pages | : 332 |
| Release | : 2023-07-12 |
| Genre | : Political Science |
| ISBN | : 3031342445 |
This research monograph examines presidential constitutional conventions and the role they play in the political systems of four Central European countries – the Czech Republic, Slovakia, Hungary, and Poland. As primarily unwritten rules of constitutional practice, constitutional conventions represent political arrangements and as such are political in origin. Not only this, constitutional conventions, in general, and presidential constitutional conventions, in particular, have significant political implications. They shape both the everyday operation and character of regimes. Central Europe represents a particularly useful example on which this role of constitutional conventions can be studied and assessed.
| Author | : Andrew Arato |
| Publisher | : Cambridge University Press |
| Total Pages | : 483 |
| Release | : 2017-11-30 |
| Genre | : Law |
| ISBN | : 1107126797 |
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
| Author | : Geneviève Nootens |
| Publisher | : Routledge |
| Total Pages | : 211 |
| Release | : 2021-12-30 |
| Genre | : Political Science |
| ISBN | : 1000520854 |
The concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
| Author | : Robert Thomas Devlin |
| Publisher | : |
| Total Pages | : 942 |
| Release | : 1908 |
| Genre | : Constitutional law |
| ISBN | : |
"Commentaries on the treaty clauses of the Constitution; construction of treaties; extent of treaty-making power; conflict between treaties and acts of Congress, state constitutions and statutes; international extradition; acquisition of territory; ambassadors, consuls and foreign judgments; naturalization and expatriation; responsibility of government for mob violence, and claims against governments. With appendices containing regulations of Department of State relative to extradition of fugitives from justice, a list of the treaties in force, with the international conventions and acts to which the United States is a party, and a chronological list of treaties.
| Author | : Matej Avbelj |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 452 |
| Release | : 2012-02-29 |
| Genre | : Law |
| ISBN | : 1847318916 |
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.
| Author | : Mariah Zeisberg |
| Publisher | : Princeton University Press |
| Total Pages | : 286 |
| Release | : 2015-09-01 |
| Genre | : Political Science |
| ISBN | : 0691168032 |
Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.
| Author | : |
| Publisher | : |
| Total Pages | : 102 |
| Release | : 1819 |
| Genre | : Constitutional law |
| ISBN | : |
| Author | : Edward Samuel Corwin |
| Publisher | : |
| Total Pages | : 96 |
| Release | : 1927 |
| Genre | : Political Science |
| ISBN | : |
| Author | : Scott J. Hammond |
| Publisher | : |
| Total Pages | : 1236 |
| Release | : 2007 |
| Genre | : History |
| ISBN | : 9780872207875 |
From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.
| Author | : Jiří Přibáň |
| Publisher | : Routledge |
| Total Pages | : 176 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 1000456099 |
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.
