The Philosophy of The Constitution - English

The Philosophy of The Constitution - English
Author: Navneet Singh
Publisher: Navneet Singh
Total Pages: 35
Release:
Genre: Antiques & Collectibles
ISBN:

The philosophy of the Indian Constitution is rooted in its Preamble, which outlines the fundamental values, principles, and objectives that guide India as a nation. Here’s an exploration of the philosophy encapsulated in the Constitution: 1. Sovereign, Socialist, Secular, Democratic, Republic: Sovereign: Asserts India's independence and freedom from external control, emphasizing self-governance and autonomy. Socialist: Commits to achieving social and economic justice through equitable distribution of resources and opportunities, reducing inequalities, and ensuring welfare of all citizens. Secular: Guarantees religious freedom and promotes a secular state that treats all religions equally, while maintaining separation of religion and state affairs. Democratic: Affirms the sovereignty of the people and their right to elect representatives, participate in governance, and hold public institutions accountable. Republic: Establishes a democratic republic where elected representatives govern on behalf of the people, with institutions based on constitutional principles. 2. Justice, Liberty, Equality, Fraternity: Justice: Ensures social, economic, and political justice through laws and policies that uphold fairness, protect individual rights, and promote inclusive growth. Liberty: Upholds individual freedoms such as freedom of speech, expression, and movement, ensuring autonomy and dignity for all citizens. Equality: Promotes equality of status and opportunity, prohibiting discrimination based on religion, race, caste, sex, or place of birth. Fraternity: Emphasizes unity and brotherhood among all citizens, transcending differences to foster a harmonious and cohesive society. 3. Fundamental Rights and Directive Principles: Fundamental Rights (Part III): Guarantee civil liberties and freedoms to citizens, ensuring protection against arbitrary state actions and promoting human dignity. Directive Principles of State Policy (Part IV): Provide guidelines for governance and legislation to achieve social and economic justice, welfare of the people, and equitable distribution of resources. 4. Federalism and Unity: Federal Structure: Establishes a federal system with division of powers between the Union and states, ensuring autonomy for states while maintaining national unity and integrity. Unity and Integrity: Ensures territorial integrity, national sovereignty, and unity among diverse cultures, languages, and regions of India. 5. Constitutionalism and Rule of Law: Constitutionalism: Upholds the Constitution as the supreme law of the land, ensuring all actions of government conform to its provisions and principles. Rule of Law: Ensures equality before the law, adherence to legal procedures, and accountability of government officials and institutions. 6. Amendment and Adaptability: Amendment Process (Article 368): Provides for amendments to adapt the Constitution to changing circumstances while preserving its core principles and values. 7. Philosophical Foundation: Gandhian Ideals: Inspired by Mahatma Gandhi's principles of non-violence, truthfulness, and social justice, influencing provisions related to rural development, community welfare, and environmental conservation. Social Contract Theory: Reflects the social contract between the state and citizens, where rights and responsibilities are balanced for collective well-being and progress. Conclusion: The philosophy of the Indian Constitution embodies democratic governance, social justice, secularism, and respect for fundamental rights. It aims to create a just and equitable society where every citizen can live with dignity, freedom, and fraternity. The Constitution serves as a guiding beacon for governance, policy-making, and judicial interpretation, ensuring India's evolution as a modern democratic republic committed to upholding constitutional values and principles.

Are We to be a Nation?

Are We to be a Nation?
Author: Richard B. Bernstein
Publisher:
Total Pages: 384
Release: 1987
Genre: History
ISBN:

The author retells the entire story of the revolution in political thought that resulted in the republican experiment under the Constitution and Bill of Rights.

Philosophical Foundations of Constitutional Law

Philosophical Foundations of Constitutional Law
Author: David Dyzenhaus
Publisher: Oxford University Press
Total Pages: 353
Release: 2016
Genre: Law
ISBN: 0198754523

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.

The Constitution of Liberty

The Constitution of Liberty
Author: F.A. Hayek
Publisher: Routledge
Total Pages: 588
Release: 2020-06-29
Genre: Business & Economics
ISBN: 0429637977

Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.

Self-Constitution

Self-Constitution
Author: Christine M. Korsgaard
Publisher: Oxford University Press, USA
Total Pages: 246
Release: 2009
Genre: Philosophy
ISBN: 0191569674

Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation, based on a new theory of action and interaction. She proposes that the function of an action is to constitute the agency and therefore the identity of the person who does it, and that only morally good action can serve this function. -;Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation. Moral philosophy aspires to understand the fact that human actions, unlike the actions of the other animals, can be morally good or bad, right or wrong. Few moral philosophers, however, have exploited the idea that actions might be morally good or bad in virtue of being good or bad of their kind - good or bad as actions. Just as we need to know that it is the function of the. heart to pump blood to know that a good heart is one that pumps blood successfully, so we need to know what the function of an action is in order to know what counts as a good or bad action. Drawing on the work of Plato, Aristotle, and Kant, Korsgaard proposes that the function of an action is to. constitute the agency and therefore the identity of the person who does it. As rational beings, we are aware of, and therefore in control of, the principles that govern our actions. A good action is one that constitutes its agent as the autonomous and efficacious cause of her own movements. These properties correspond, respectively, to Kant's two imperatives of practical reason. Conformity to the categorical imperative renders us autonomous, and conformity to the hypothetical imperative. renders us efficacious. And in determining what effects we will have in the world, we are at the same time determining our own identities. Korsgaard develops a theory of action and of interaction, and of the form interaction must take if we are to have the integrity that, she argues, is essential for. agency. On the basis of that theory, she argues that only morally good action can serve the function of action, which is self-constitution. -

Political Philosophy

Political Philosophy
Author: Adam Swift
Publisher: Polity
Total Pages: 266
Release: 2014
Genre: Philosophy
ISBN: 0745652379

Bringing political philosophy out of the ivory tower and within the reach of all, this book provides us with the tools to cut through the complexity of modern politics.

The British Constitution: A Very Short Introduction

The British Constitution: A Very Short Introduction
Author: Martin Loughlin
Publisher: OUP Oxford
Total Pages: 153
Release: 2013-04-25
Genre: Political Science
ISBN: 0191642649

The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

The Constitution of the United States

The Constitution of the United States
Author: J.M. Beck
Publisher: Рипол Классик
Total Pages: 303
Release: 1991
Genre: History
ISBN: 5873862559

The Constitution of the United States; a brief study of the genesis, formulation and political philosophy of the Constitution of the United States.

The Living Constitution

The Living Constitution
Author: David A. Strauss
Publisher: Oxford University Press
Total Pages: 171
Release: 2010-05-19
Genre: Law
ISBN: 0199703698

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.