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Author: Joel I. Colón-Ríos
Publisher: Academic
ISBN: 0198785984
Category : Law
Languages : en
Pages : 353
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Book Description
Constituent power is the power to create new constitutions. Since it is frequently exercised during or after 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 and the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Since the 18th and 19th centuries, commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, and that the creation of new constitutions must take place through extra-legislative entities, such as 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 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 reverted to it to defend the legality of transforming 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", and these attempts have sometimes been sanctioned by courts. Building on these findings, Constituent Power and the Law argues that the exercise of constituent power, unlike sovereignty, should be understood as ultimately based on a popular mandate to produce a particular type of legal content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to the conditions arising from a constituent referendum.
Author: Joel I. Colón-Ríos
Publisher: Academic
ISBN: 0198785984
Category : Law
Languages : en
Pages : 353
Get Book Here
Book Description
Constituent power is the power to create new constitutions. Since it is frequently exercised during or after 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 and the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Since the 18th and 19th centuries, commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, and that the creation of new constitutions must take place through extra-legislative entities, such as 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 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 reverted to it to defend the legality of transforming 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", and these attempts have sometimes been sanctioned by courts. Building on these findings, Constituent Power and the Law argues that the exercise of constituent power, unlike sovereignty, should be understood as ultimately based on a popular mandate to produce a particular type of legal content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to the conditions arising from a constituent referendum.
Author: David Scott
Publisher: Duke University Press
ISBN: 0822386186
Category : Political Science
Languages : en
Pages : 291
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Book Description
At this stalled and disillusioned juncture in postcolonial history—when many anticolonial utopias have withered into a morass of exhaustion, corruption, and authoritarianism—David Scott argues the need to reconceptualize the past in order to reimagine a more usable future. He describes how, prior to independence, anticolonialists narrated the transition from colonialism to postcolonialism as romance—as a story of overcoming and vindication, of salvation and redemption. Scott contends that postcolonial scholarship assumes the same trajectory, and that this imposes conceptual limitations. He suggests that tragedy may be a more useful narrative frame than romance. In tragedy, the future does not appear as an uninterrupted movement forward, but instead as a slow and sometimes reversible series of ups and downs. Scott explores the political and epistemological implications of how the past is conceived in relation to the present and future through a reconsideration of C. L. R. James’s masterpiece of anticolonial history, The Black Jacobins, first published in 1938. In that book, James told the story of Toussaint L’Ouverture and the making of the Haitian Revolution as one of romantic vindication. In the second edition, published in the United States in 1963, James inserted new material suggesting that that story might usefully be told as tragedy. Scott uses James’s recasting of The Black Jacobins to compare the relative yields of romance and tragedy. In an epilogue, he juxtaposes James’s thinking about tragedy, history, and revolution with Hannah Arendt’s in On Revolution. He contrasts their uses of tragedy as a means of situating the past in relation to the present in order to derive a politics for a possible future.
Author: Jon Mandle
Publisher: Cambridge University Press
ISBN: 1316193985
Category : Philosophy
Languages : en
Pages : 1112
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Book Description
John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
Author: Robert B. Talisse
Publisher: Cengage Learning
ISBN:
Category : Education
Languages : en
Pages : 108
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Book Description
This brief text assists students in understanding Rawls' philosophy and thinking so they can more fully engage in useful, intelligent class dialogue and improve their understanding of course content. Part of the Wadsworth Notes Series, (which will eventually consist of approximately 100 titles, each focusing on a single "thinker" from ancient times to the present), ON RAWLS is written by a philosopher deeply versed in the philosophy of this key thinker. Like other books in the series, this concise book offers sufficient insight into the thinking of a notable philosopher, better enabling students to engage in reading and to discuss the material in class and on paper.
Author: Maurizio Passerin d'Entrèves
Publisher: MIT Press
ISBN: 9780262540803
Category : History
Languages : en
Pages : 326
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Book Description
This collection of ten essays offers the first systematic assessment of JürgenHabermas's Philosophical Discourse of Modernity, a book that defended the rational potential of themodern age against the depiction of modernity as a spent epoch. The essays (of which four are newlycommissioned, five were published in the journal Praxis International, and one -- by Habermas --first appeared in translation in New Critique) are divided into two sections: Critical Rejoindersand Thematic Reformulations.An opening essay by d'Entrèves sets out the main issues and orients thedebate between Habermas and the postmodernists by identifying two different senses ofresponsibility: a responsibility to act versus a responsibility to otherness (an openness todifference, dissonance, and ambiguity). These are linked with two alternative understandings of theprimary function of language: action-orienting versus world-disclosing. This is a fruitful way oflooking at the issues that Habermas has raised in his attempt to resurrect and complete the projectof Enlightenment.Habermas's essay discusses the main themes of his book in the context of a criticalengagement with neoconservative cultural and political trends. The main body of essays offer aninteresting collection of points of view, for and against Habermas's position by philosophers,social scientists, intellectual historians, and literary critics.SECTIONS & CONTRIBUTORS :Introduction, Maurizio Passerin d'Entrèves. Modernity versus Postmodernity, Jürgen Habermas.Critical Rejoinders : Fred Dallmayr. Christopher Norris. David C. Hoy. James Schmidt. JoelWhitebook. Thematic Reformulations : James Bohman. Diana Coole. Jay M. Bernstein. DavidIngram.
Author: Eric Vanhaute
Publisher: Routledge
ISBN: 1136177523
Category : History
Languages : en
Pages : 193
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Book Description
World History: An Introduction provides readers with the knowledge and tools necessary to understand the global historical perspective and how it can be used to shed light on both our past and our present. A concise and original guide to the concepts, methods, debates and contents of world history, it combines a thematic approach with a clear and ambitious focus. Each chapter traces connections with the past and the present to explore major questions in world history: How did humans evolve from an endangered species to the most successful of them all? How has nature shaped human history? How did agricultural societies push human history in a new direction? How has humankind organized itself in ever more complex administrative systems? How have we developed new religious and cultural patterns? How have the paths of ‘The West’ and ‘The Rest’ diverged over the last five centuries? How, at the same time, has the world become more interconnected and "globalized"? How is this world characterized by growing gaps in wealth, poverty and inequality? Sharp and accessible, Eric Vanhaute’s introduction to this exciting field demonstrates that world history is more of a perspective than a single all-encompassing narrative: an instructive new way of seeing, thinking and doing. It is an essential resource for students of history in a global context.
Author: Sebastiano Maffettone
Publisher: Polity
ISBN: 0745646506
Category : Philosophy
Languages : en
Pages : 400
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Book Description
The most complete introduction to the work of John Rawls. The literature on Rawls and his main arguments are presented in an unprecedented way. An indispensable tool for teachers and students. This book is necessary reading for anyone interested in contemporary political thought.
Author: Heinz-Gerhard Haupt
Publisher: Berghahn Books
ISBN: 0857456032
Category : History
Languages : en
Pages : 303
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Book Description
Since the 1970s West German historiography has been one of the main arenas of international comparative history. It has produced important empirical studies particularly in social history as well as methodological and theoretical reflections on comparative history. During the last twenty years however, this approach has felt pressure from two sources: cultural historical approaches, which stress microhistory and the construction of cultural transfer on the one hand, global history and transnational approaches with emphasis on connected history on the other. This volume introduces the reader to some of the major methodological debates and to recent empirical research of German historians, who do comparative and transnational work.
Author: David Patrick Geggus
Publisher: Indiana University Press
ISBN: 0253220173
Category : History
Languages : en
Pages : 439
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Book Description
These essays deepen our understanding of Haiti during the period from 1791 to 1815. They consider the colony's history and material culture as well as it 'free people of colour' and the events leading up to the revolution and its violent unfolding.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513133
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
