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: Richard Albert Название: Revolutionary Constitutionalism: Law, Legitimacy, Power ISBN: 150993457X ISBN-13(EAN): 9781509934577 Издательство: Bloomsbury Academic Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book on Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.
Some contributors advance Ackerman's theory, others attack it, and still others refine it-but all agree that the ideas in the book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical "people" have spoken. A must read for all those interested in the current state of constitutionalism.
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate?
This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
Автор: Maria Tzanakopoulou Название: Reclaiming Constitutionalism: Democracy, Power and the State ISBN: 1509939628 ISBN-13(EAN): 9781509939626 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 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.
Автор: Dowdle Название: Constitutionalism beyond Liberalism ISBN: 1107112753 ISBN-13(EAN): 9781107112759 Издательство: Cambridge Academ Рейтинг: Цена: 10613.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume presents constitutional theory and constitutional practice outside the liberal tradition and beyond European and American experiences in selected countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to interrogate and expand our understanding of the possibilities of constitutionalism as a human phenomenon.
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.
Название: American constitutionalism, marriage, and the family ISBN: 1498528171 ISBN-13(EAN): 9781498528177 Издательство: Неизвестно Рейтинг: Цена: 28278.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume examines the Supreme Court`s rulings in U.S. v. Windsor and Obergefell v. Hodges in light of its earlier rulings while also incorporating several prominent accounts of marriage and the family from the history of political philosophy.
Автор: Ngoc Son Название: Confucian Constitutionalism in East Asia ISBN: 1138852066 ISBN-13(EAN): 9781138852068 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 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.
Описание: The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.
Автор: Tuori Название: European Constitutionalism ISBN: 1107087090 ISBN-13(EAN): 9781107087095 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book explains why it is warranted to speak of the European constitution even after the debacle of the EU Constitutional Treaty. It explains how European constitutionalism seeks to achieve its legitimating task through its interaction with national constitutionalism.
Автор: Andrew Harding, Khin Khin Oo Название: Constitutionalism and Legal Change in Myanmar ISBN: 1509929770 ISBN-13(EAN): 9781509929771 Издательство: Bloomsbury Academic Рейтинг: Цена: 6334.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Myanmar’s Constitution of 2008 was the ‘road map’ for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution’s rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a ‘discipline-flourishing democracy’; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
