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Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324
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Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324
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Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873
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Book Description
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236
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Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Author: Benjamin A. Schupmann
Publisher: Oxford University Press
ISBN: 0198791615
Category : History
Languages : en
Pages : 257
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Book Description
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
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Book Description
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Author: Péter Cserne
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631840832
Category :
Languages : en
Pages : 198
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Book Description
The present volume provides a variety of perspectives on democratic decay and the erosion of the rule of law, on the re-emergence of popular sovereignty as a political category, and on public reason in an age of 'post-truthism', focusing on the CEE region and South Eastern Europe.
Author: Peter C. Caldwell
Publisher: BRILL
ISBN: 9780391040984
Category : History
Languages : en
Pages : 180
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Book Description
This book reexamines the crucial debates on law and politics, which rose during the Weimar Republic. The authors show the continued relevance of these debates for the constitutional culture of the Federal Republic, and indeed for liberal democracy in general.
Author: Marco Dani
Publisher: Edward Elgar Publishing
ISBN: 1803928891
Category : Law
Languages : en
Pages : 343
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Book Description
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Margaret Canovan
Publisher: Polity
ISBN: 9780745628219
Category : Health & Fitness
Languages : en
Pages : 184
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Book Description
This groundbreaking study sets out to clarify one of the most influential but least studied of all political concepts. Despite continual talk of popular sovereignty, the idea of the people has been neglected by political theorists who have been deterred by its vagueness. Margaret Canovan argues that it deserves serious analysis, and that it's many ambiguities point to unresolved political issues. The book begins by charting the conflicting meanings of the people, especially in Anglo-American usage, and traces the concept's development from the ancient populus Romanus to the present day. The book's main purpose is, however, to analyse the political issues signalled by the people's ambiguities. In the remaining chapters, Margaret Canovan considers their theoretical and practical aspects: Where are the people's boundaries? Is people equivalent to nation, and how is it related to humanity - people in general? Populists aim to 'give power back to the people'; how is populism related to democracy? How can the sovereign people be an immortal collective body, but at the same time be us as individuals? Can we ever see that sovereign people in action? Political myths surround the figure of the people and help to explain its influence; should the people itself be regarded as fictional? This original and accessible study sheds a fresh light on debates about popular sovereignty, and will be an important resource for students and scholars of political theory.
