Debating Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Global Age, Tusseau Guillaume
Автор: Dobner Petra Название: Twilight of Constitutionalism? ISBN: 019965199X ISBN-13(EAN): 9780199651993 Издательство: Oxford Academ Рейтинг: Цена: 8554.00 р. Наличие на складе: Поставка под заказ.
Описание: The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political and economic realities that place substantial power beyond the state. This book gathers leading constitutional theorists to discuss the impact of the growth of transnational governance on the foundational values of constitutionalism.
Автор: Massimo La Torre Название: Constitutionalism and Legal Reasoning ISBN: 904817404X ISBN-13(EAN): 9789048174041 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command.
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.
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.
Автор: Aydin Atilgan Название: Global Constitutionalism ISBN: 3662556464 ISBN-13(EAN): 9783662556467 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика 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. In other words, global constitutionalism could be handled in the context of a global "constitutional culture" instead of a global constitution.
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: 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.
Автор: Barber, N. W. (professor Of Constitutional Law And Theory, Trinity College, University Of Oxford) Название: Principles of constitutionalism ISBN: 0198808143 ISBN-13(EAN): 9780198808145 Издательство: Oxford Academ Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this follow-up to the Constitutional State, Nick Barber sets out how the principle of societal good should shape constitutions, in particular the composition and relationships of state institutions. Coverage includes sovereignty, the separation of powers, the rule of law, subsidiarity, democracy, and civil society.
Описание: Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place.
Автор: Ngoc Son Название: Confucian Constitutionalism in East Asia ISBN: 1138099848 ISBN-13(EAN): 9781138099845 Издательство: Taylor&Francis Рейтинг: Цена: 7348.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Название: Governance and Constitutionalism ISBN: 0367519909 ISBN-13(EAN): 9780367519902 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Поставка под заказ.
Описание: This collection studies the rise of neutral bodies or `independent agencies` as a challenge to the constitutional paradigm of the nation state.
Описание: This major new work of constitutional theory looks at the relationship between constitutions and markets, and how it affects our understanding of citizenship and rights. It criticises the way in which thinking about markets at the national, European and global levels has deformed the democratic understanding of the constitution.
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