Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom (Oip), Chandrachud Chintan
Автор: Kjaer, Poul F. (copenhagen Business School, Denmark) Название: Constitutionalism in the global realm ISBN: 1138218863 ISBN-13(EAN): 9781138218864 Издательство: Taylor&Francis Рейтинг: Цена: 8573.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society.
The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner.
In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.
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: Chintan Chandrachud Название: Balanced constitutionalism : ISBN: 0199470588 ISBN-13(EAN): 9780199470587 Издательство: Oxford Academ Рейтинг: Цена: 6018.00 р. Наличие на складе: Поставка под заказ.
Описание: This book examines the promise of a new model against its performance in practice by comparing judicial review under the Human Rights Act (HRA) of the UK to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. Balanced constitutionalism is not achieved through the legislativerejection of judicial decision-making about rights.
Автор: Tzanakopoulou Maria Название: Reclaiming Constitutionalism ISBN: 1509916121 ISBN-13(EAN): 9781509916122 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state - despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.
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."
Автор: Eoin Daly Название: Rousseau`s Constitutionalism: Austerity and Republican Freedom ISBN: 1509933131 ISBN-13(EAN): 9781509933136 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Despite Rousseau’s legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau’s constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau’s constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, ‘liberal’ in focus and orientation. This book will argue that the more communitarian orientation of Rousseau’s constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.
Автор: Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin Название: Constitutionalism and the Rule of Law: Bridging Idealism and Realism ISBN: 1316606279 ISBN-13(EAN): 9781316606278 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rule of law and constitutional ideals are understood as necessary to create a just political order. This book explores how political reality and constitutional ideals mutually inform and influence one another.
Описание: In this volume, various leading and well-placed experts explain the key constitutional features, or identities, of selected Member States of the European Union. Not only are these constitutional identities compared, but the notion of such identity is discussed against the background of the EU`s constitutional relationship with its Member States.
Автор: Bonilla Maldonado Название: Constitutionalism of the Global South ISBN: 1107459400 ISBN-13(EAN): 9781107459403 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights.
Автор: Paul Blokker, Chris Thornhill Название: Sociological Constitutionalism ISBN: 1107561140 ISBN-13(EAN): 9781107561144 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Written for researchers and advanced students in constitutional law, this book provides a broad systematic overview of leading scholarly contributions to sociological constitutionalism. A landmark publication, it provides conceptual impetus for the advancement of constitutional sociology and contributes to key debates on the changing nature of constitutionalism.
Описание: This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States.
Автор: Aydin Atilgan Название: Global Constitutionalism ISBN: 366257246X ISBN-13(EAN): 9783662572467 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Поставка под заказ.
Описание:
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law.
The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
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