Описание: The crisis and fall of the Roman Republic spawned a tradition of political thought that sought to evade the Republic`s fate-despotism. Thinkers from Cicero to Bodin, Montesquieu, and the American Founders saw constitutionalism, not virtue, as the remedy. This study traces Roman constitutional thought from antiquity to the Revolutionary Era.
Описание: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Автор: Belavusau Uladzislau, Gliszczy`nska-Grabias Aleksandra Название: Constitutionalism Under Stress: Essays in Honour of Wojciech Sadurski ISBN: 0198864736 ISBN-13(EAN): 9780198864738 Издательство: Oxford Academ Рейтинг: Цена: 33853.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Описание: In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
Автор: William M. Wiecek Название: The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 ISBN: 1501726447 ISBN-13(EAN): 9781501726446 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 2502.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
Автор: McLaughlin Andrew Cunningham Название: The Foundations of American Constitutionalism ISBN: 1258449137 ISBN-13(EAN): 9781258449131 Издательство: Неизвестно Цена: 4957.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book synthesizes the evolution of covenantal life from its inception in the Period of the Judges to American constitutionalism, from "I am the Lord" to ... "We the People."
Описание: In the rush to find answers to deal with the challenges of justice in diverse societies, sound normative foundations are often overlooked. This book examines questions raised by diversity and contributes to the ongoing dialogue which endeavours to better understand and respond to the challenges of justice in the context of diversity.
Описание: Part III, "Public Health, Financial and Economic Crises," considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress.
Описание: Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.
Описание: This book explores the history of the international order in the eighteenth and nineteenth century through a new study of Emer de Vattel`s Droit des gens (1758).
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