Constitutional Theory
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Author | : J. Harvie Wilkinson |
Publisher | : OUP USA |
Total Pages | : 174 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 0199846014 |
Download Cosmic Constitutional Theory Book in PDF, Epub and Kindle
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author | : John H. Garvey |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Constitutional law |
ISBN | : 9780314149053 |
Download Modern Constitutional Theory Book in PDF, Epub and Kindle
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.
Author | : Geoffrey Marshall |
Publisher | : |
Total Pages | : 256 |
Release | : 1971 |
Genre | : Law |
ISBN | : |
Download Constitutional Theory Book in PDF, Epub and Kindle
This book examines the nature and role of the many conventions which, rather than laws, are instrumental in determining many important questions of Government behaviour in Britain and other Commonwealth countries.
Author | : Turkuler Isiksel |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2016 |
Genre | : Law |
ISBN | : 019875907X |
Download Europe's Functional Constitution Book in PDF, Epub and Kindle
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
Author | : Carl Schmitt |
Publisher | : Duke University Press |
Total Pages | : 492 |
Release | : 2008-01-23 |
Genre | : Law |
ISBN | : 9780822390589 |
Download Constitutional Theory Book in PDF, Epub and Kindle
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Author | : Paul W. Kahn |
Publisher | : Yale University Press |
Total Pages | : 280 |
Release | : 1992-01-01 |
Genre | : Law |
ISBN | : 0300054998 |
Download Legitimacy and History Book in PDF, Epub and Kindle
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 | : N. W. Barber |
Publisher | : OUP Oxford |
Total Pages | : 224 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0191637254 |
Download The Constitutional State Book in PDF, Epub and Kindle
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.
Author | : Signe Rehling Larsen |
Publisher | : Oxford University Press, USA |
Total Pages | : 241 |
Release | : 2021-02-04 |
Genre | : Law |
ISBN | : 0198859260 |
Download The Constitutional Theory of the Federation and the European Union Book in PDF, Epub and Kindle
This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.
Author | : Donald L. Drakeman |
Publisher | : Cambridge University Press |
Total Pages | : 247 |
Release | : 2021-04-08 |
Genre | : History |
ISBN | : 1108485286 |
Download The Hollow Core of Constitutional Theory Book in PDF, Epub and Kindle
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author | : Jacques de Ville |
Publisher | : Taylor & Francis |
Total Pages | : 231 |
Release | : 2017-04-21 |
Genre | : Law |
ISBN | : 1351866400 |
Download Constitutional Theory: Schmitt After Derrida Book in PDF, Epub and Kindle
Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index