The Political Theory Of The Constitution
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Author | : Jan-Erik Lane |
Publisher | : Manchester University Press |
Total Pages | : 310 |
Release | : 1996 |
Genre | : Political Science |
ISBN | : 9780719046483 |
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Author | : Jeremy Waldron |
Publisher | : Harvard University Press |
Total Pages | : 369 |
Release | : 2016-03-07 |
Genre | : Political Science |
ISBN | : 0674970365 |
Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
Author | : Thomas G. West |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2017-04-03 |
Genre | : History |
ISBN | : 110714048X |
This book provides a complete overview of the Founders' natural rights theory and its policy implications.
Author | : Martin Edelman |
Publisher | : State University of New York Press |
Total Pages | : 416 |
Release | : 1985-06-30 |
Genre | : Political Science |
ISBN | : 1438401841 |
Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.
Author | : Martin H. Redish |
Publisher | : Oxford University Press, USA |
Total Pages | : 240 |
Release | : 1995 |
Genre | : Constitutional law |
ISBN | : 0195070607 |
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.
Author | : David Robertson |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Constitutional courts |
ISBN | : 9780691144030 |
The nature and function of judicial review -- Germany: dignity and democracy -- Eastern Europe: (re) establishing the rule of law -- France: purely abstract review -- Canada: imposing rights on the common law -- South Africa: defining a new society -- Tests of unconstitutionality and discrimination -- Conclusions: constitutional jurists as political theorists.
Author | : Vincent Ostrom |
Publisher | : Lexington Books |
Total Pages | : 320 |
Release | : 2008 |
Genre | : Political Science |
ISBN | : 9780739121207 |
The Political Theory of a Compound Republic presents the essential logic of James Madison and Alexander Hamilton's design of limited, distributed, constitutional authority proposed inThe Federalist. Two revised and expanded ensuing chapters show how the idea of constitutional choice has been employed since the adoption of the 1789 Constitution of the United States. A new concluding chapter questions commonly accepted beliefs about sovereign nation-states and considers governance from the perspective of twenty-first century 'citizen-sovereigns.'
Author | : Greg Weiner |
Publisher | : University Press of Kansas |
Total Pages | : 224 |
Release | : 2019-08-02 |
Genre | : Political Science |
ISBN | : 0700628371 |
Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands. At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depends.
Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author | : Sotirios A. Barber |
Publisher | : Princeton University Press |
Total Pages | : 354 |
Release | : 2001-12-09 |
Genre | : Law |
ISBN | : 9780691088693 |
What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.