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Author: Jiří Přibáň
Publisher:
ISBN: 9788024634241
Category : Constitutional history
Languages : en
Pages : 312
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Book Description
Author: Jiří Přibáň
Publisher:
ISBN: 9788024634241
Category : Constitutional history
Languages : en
Pages : 312
Get Book Here
Book Description
Author: J. H. H. Weiler
Publisher: Cambridge University Press
ISBN: 9780521796712
Category : Law
Languages : en
Pages : 256
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Book Description
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Author: Richard Bellamy
Publisher: Cambridge University Press
ISBN: 1139467913
Category : Political Science
Languages : en
Pages : 280
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Book Description
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author: Jiří Přibáň
Publisher: Charles University in Prague, Karolinum Press
ISBN: 8024634236
Category : Political Science
Languages : en
Pages : 312
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Book Description
More than a century after the publication of Czech politician Tomáš Garrigue Masaryk’s study The Czech Question, Czech politics has become a pragmatic question of democratic constitutionalism and civility. Originally published in major Czech newspapers, these essays on contemporary European politics demonstrate that this new understanding involves both technical questions of power-making and critical questions of its meaning. Democracy, Jirí Pribán shows, is the proces of permanent self-correction. It possesses both the capacity to respond to unexpected problems and crises and intrinsic tensions between principled arguments and everyday administrative processes. Defending constitutionalism, therefore, draws on principles of civil rights and freedoms, limited government, and representative democracy, the validity and persuasive force of which are at stake not only in the Czech Republic, but also in the European Union and our global society at large.
Author: Louis Michael Seidman
Publisher: Berghahn Books
ISBN: 9780300085310
Category : Law
Languages : en
Pages : 280
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Book Description
Ours is an age of growing doubt about constitutional theory and of outright hostility to any theory that defends judicial review. Why should a tiny number of unelected judges be able to validate or invalidate laws on such politically controversial issues as abortion, religion, gender, and sex--or even determine how the president is elected? In this provocative book, a leading constitutional theorist offers an entirely original defense of judicial review. Louis Michael Seidman argues that judicial review is defensible if we set aside common but erroneous assumptions--that constitutional law should be independent from our political commitments and that the role of constitutional law is to settle political disagreement. Seidman develops a theory of "unsettlement." A constitution that unsettles, that destabilizes outcomes produced by the political process, creates no permanent losers nursing deep-seated grievances, he says. An "unsettling" constitution helps to build a community founded on consent by enticing losers into a continuing conversation. The author applies this theory to an array of well-known cases heard by the Supreme Court over the past several decades, including the fall 2000 election decision.
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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Book Description
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108307795
Category : Law
Languages : en
Pages : 398
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Book Description
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
Author: John Adams
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 472
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Book Description
Author: Petra Dobner
Publisher: Oxford University Press
ISBN: 0199585008
Category : Law
Languages : en
Pages : 369
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Book Description
The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --
Author: Robert Barros
Publisher: Cambridge University Press
ISBN: 1139433628
Category : Political Science
Languages : en
Pages : 371
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Book Description
It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.
