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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: 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: Andrew Arato
Publisher: Rowman & Littlefield Publishers
ISBN: 074257363X
Category : Philosophy
Languages : en
Pages : 365
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Book Description
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.
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: Andrew Arato
Publisher: Oxford University Press
ISBN: 0191074020
Category : Law
Languages : en
Pages : 321
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Book Description
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
ISBN: 1108618553
Category : Political Science
Languages : en
Pages : 279
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Book Description
From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.
Author: Markus Patberg
Publisher:
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Author: John Dewey
Publisher: Createspace Independent Publishing Platform
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 456
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Book Description
. Renewal of Life by Transmission. The most notable distinction between living and inanimate things is that the former maintain themselves by renewal. A stone when struck resists. If its resistance is greater than the force of the blow struck, it remains outwardly unchanged. Otherwise, it is shattered into smaller bits. Never does the stone attempt to react in such a way that it may maintain itself against the blow, much less so as to render the blow a contributing factor to its own continued action. While the living thing may easily be crushed by superior force, it none the less tries to turn the energies which act upon it into means of its own further existence. If it cannot do so, it does not just split into smaller pieces (at least in the higher forms of life), but loses its identity as a living thing. As long as it endures, it struggles to use surrounding energies in its own behalf. It uses light, air, moisture, and the material of soil. To say that it uses them is to say that it turns them into means of its own conservation. As long as it is growing, the energy it expends in thus turning the environment to account is more than compensated for by the return it gets: it grows. Understanding the word "control" in this sense, it may be said that a living being is one that subjugates and controls for its own continued activity the energies that would otherwise use it up. Life is a self-renewing process through action upon the environment.
Author: David Graeber
Publisher: Melville House
ISBN: 1612193757
Category : Political Science
Languages : en
Pages : 274
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Book Description
From the author of the international bestseller Debt: The First 5,000 Years comes a revelatory account of the way bureaucracy rules our lives Where does the desire for endless rules, regulations, and bureaucracy come from? How did we come to spend so much of our time filling out forms? And is it really a cipher for state violence? To answer these questions, the anthropologist David Graeber—one of our most important and provocative thinkers—traces the peculiar and unexpected ways we relate to bureaucracy today, and reveals how it shapes our lives in ways we may not even notice…though he also suggests that there may be something perversely appealing—even romantic—about bureaucracy. Leaping from the ascendance of right-wing economics to the hidden meanings behind Sherlock Holmes and Batman, The Utopia of Rules is at once a powerful work of social theory in the tradition of Foucault and Marx, and an entertaining reckoning with popular culture that calls to mind Slavoj Zizek at his most accessible. An essential book for our times, The Utopia of Rules is sure to start a million conversations about the institutions that rule over us—and the better, freer world we should, perhaps, begin to imagine for ourselves.
Author: Cristóbal Rovira Kaltwasser
Publisher: Oxford University Press
ISBN: 0198803567
Category : Political Science
Languages : en
Pages : 737
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Book Description
The Oxford Handbook of Populism presents the state of the art of research on populism from the perspective of Political Science. The book features work from the leading experts in the field, and synthesizes the main strands of research in four compact sections: concepts, issues, regions, and normative debates. Due to its breath, The Oxford Handbook of Populism is an invaluable resource for those interested in the study of populism, but also forexperts in each of the topics discussed, who will benefit from accounts of current discussions and research gaps, as well as a map of new directions in the study of populism.
Author: Barry Buzan
Publisher: Cambridge University Press
ISBN: 9780521891110
Category : Political Science
Languages : en
Pages : 598
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Book Description
This book develops the idea that since decolonisation, regional patterns of security have become more prominent in international politics. The authors combine an operational theory of regional security with an empirical application across the whole of the international system. Individual chapters cover Africa, the Balkans, CIS Europe, East Asia, EU Europe, the Middle East, North America, South America, and South Asia. The main focus is on the post-Cold War period, but the history of each regional security complex is traced back to its beginnings. By relating the regional dynamics of security to current debates about the global power structure, the authors unfold a distinctive interpretation of post-Cold War international security, avoiding both the extreme oversimplifications of the unipolar view, and the extreme deterritorialisations of many globalist visions of a new world disorder. Their framework brings out the radical diversity of security dynamics in different parts of the world.
