Constitutionalism Identity Difference And Legitimacy
Download Constitutionalism Identity Difference And Legitimacy full books in PDF, epub, and Kindle. Read online free Constitutionalism Identity Difference And Legitimacy ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Michel Rosenfeld |
| Publisher | : Duke University Press |
| Total Pages | : 452 |
| Release | : 1994 |
| Genre | : History |
| ISBN | : 9780822315162 |
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
| Author | : Paul W. Kahn |
| Publisher | : Yale University Press |
| Total Pages | : 280 |
| Release | : 1992-01-01 |
| Genre | : Law |
| ISBN | : 0300054998 |
For Americans, legitimate government means self-government. In this brilliant and disturbing analysis, Paul W. Kahn shows that the American Constitution itself makes self-government impossible. Constitutional theory, he argues, has been a history of failed attempts to resolve this paradox.
| Author | : Michel Rosenfeld |
| Publisher | : Routledge |
| Total Pages | : 344 |
| Release | : 2009-10-16 |
| Genre | : Law |
| ISBN | : 1135253285 |
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.
| Author | : Michel Rosenfeld |
| Publisher | : Routledge |
| Total Pages | : 324 |
| Release | : 2009-10-16 |
| Genre | : Law |
| ISBN | : 1135253277 |
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.
| Author | : Gary J. Jacobsohn |
| Publisher | : Harvard University Press |
| Total Pages | : 389 |
| Release | : 2010-10-25 |
| Genre | : Law |
| ISBN | : 0674047664 |
"Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.
| Author | : Martin Loughlin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 400 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : Jean L. Cohen |
| Publisher | : Cambridge University Press |
| Total Pages | : 455 |
| Release | : 2012-08-02 |
| Genre | : Political Science |
| ISBN | : 1139560263 |
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
| Author | : UPSO eCollections (University Press Scholarship Online) |
| Publisher | : |
| Total Pages | : 431 |
| Release | : 2014 |
| Genre | : Constitutional history |
| ISBN | : 9780191789632 |
Critically analysing 19th century constitutions in tandem with the political and social circumstances of their creation, enactment, and stated objectives, this book explicitly counters any simplistic narratives asserting that constitutions offer a straightforward, law-based path to increasing democracy, equality and liberty.
| Author | : Jeffrey Denys Goldsworthy |
| Publisher | : Oxford University Press |
| Total Pages | : 372 |
| Release | : 2006-02-09 |
| Genre | : Law |
| ISBN | : 0199274134 |
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
| Author | : Christian Calliess |
| Publisher | : Cambridge University Press |
| Total Pages | : 393 |
| Release | : 2019-10-24 |
| Genre | : Law |
| ISBN | : 1108480438 |
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
