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Author: Joel I. Colon-Rios
Publisher:
ISBN: 0198785984
Category : Constituent power
Languages : en
Pages : 353
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Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Joel I. Colon-Rios
Publisher:
ISBN: 0198785984
Category : Constituent power
Languages : en
Pages : 353
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Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Andrew Arato
Publisher: Cambridge University Press
ISBN: 1107126797
Category : Law
Languages : en
Pages : 483
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Book Description
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
ISBN: 110848543X
Category : History
Languages : en
Pages : 279
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Book Description
Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
ISBN: 147445500X
Category : Law
Languages : en
Pages : 272
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Book Description
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
Author: Héctor López Bofill
Publisher: Routledge
ISBN: 1000393844
Category : Business & Economics
Languages : en
Pages : 192
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Book Description
This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Author: Joel Colón-Ríos
Publisher: Oxford University Press
ISBN: 0191089087
Category : Law
Languages : en
Pages : 368
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Book Description
Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Author: Martin Loughlin
Publisher:
ISBN:
Category : Constituent power
Languages : en
Pages : 375
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Book Description
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Author: Markus Patberg
Publisher: Oxford University Press, USA
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Author: Joel I. Colon-Rios
Publisher: Routledge
ISBN: 0415671906
Category : Law
Languages : en
Pages : 222
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Book Description
It has been argued that democracy is protected and realized under traditional liberal constitutional forms through constitutional rights such as free speech, freedom of association and the right to vote. This book looks at the relationship between democracy and constitutions.
Author: Illan Wall
Publisher: Routledge
ISBN: 1136644148
Category : Law
Languages : en
Pages : 207
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Book Description
Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of 'right-ing'.
