The Paradox of Constitutionalism

The Paradox of Constitutionalism PDF Author: Martin Loughlin
Publisher:
ISBN:
Category : Constituent power
Languages : en
Pages : 375

Get Book Here

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.

The Paradox of Constitutionalism

The Paradox of Constitutionalism PDF Author: Martin Loughlin
Publisher:
ISBN:
Category : Constituent power
Languages : en
Pages : 375

Get Book Here

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.

The Globalization Paradox

The Globalization Paradox PDF Author: Dani Rodrik
Publisher: OUP Oxford
ISBN: 0191634255
Category : Political Science
Languages : en
Pages : 442

Get Book Here

Book Description
For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.

Global Constitutionalism from European and East Asian Perspectives

Global Constitutionalism from European and East Asian Perspectives PDF Author: Takao Suami
Publisher: Cambridge University Press
ISBN: 1108417116
Category : History
Languages : en
Pages : 625

Get Book Here

Book Description
Examines and compares East Asian and European perspectives of Global Constitutionalism.

The Twilight of Constitutionalism?

The Twilight of Constitutionalism? PDF Author: Petra Dobner
Publisher: Oxford University Press
ISBN: 0199585008
Category : Law
Languages : en
Pages : 369

Get Book Here

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 --

The Global South and Comparative Constitutional Law

The Global South and Comparative Constitutional Law PDF Author: Philipp Dann
Publisher: Oxford University Press
ISBN: 0192590758
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society PDF Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

The Sociology of Law and the Global Transformation of Democracy

The Sociology of Law and the Global Transformation of Democracy PDF Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107199905
Category : Law
Languages : en
Pages : 599

Get Book Here

Book Description
Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

Modern Constitutions

Modern Constitutions PDF Author: Rogers M. Smith
Publisher: University of Pennsylvania Press
ISBN: 0812252349
Category : Political Science
Languages : en
Pages : 336

Get Book Here

Book Description
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.

Philosophy in a Time of Terror

Philosophy in a Time of Terror PDF Author: Giovanna Borradori
Publisher: University of Chicago Press
ISBN: 0226066657
Category : History
Languages : en
Pages : 225

Get Book Here

Book Description
The idea for Philosophy in a Time of Terror was born hours after the attacks on 9/11 and was realized just weeks later when Giovanna Borradori sat down with Jürgen Habermas and Jacques Derrida in New York City, in separate interviews, to evaluate the significance of the most destructive terrorist act ever perpetrated. This book marks an unprecedented encounter between two of the most influential thinkers of our age as here, for the first time, Habermas and Derrida overcome their mutual antagonism and agree to appear side by side. As the two philosophers disassemble and reassemble what we think we know about terrorism, they break from the familiar social and political rhetoric increasingly polarized between good and evil. In this process, we watch two of the greatest intellects of the century at work.

Constitutional Redemption

Constitutional Redemption PDF Author: J. M. Balkin
Publisher: Harvard University Press
ISBN: 0674058747
Category : History
Languages : en
Pages : 305

Get Book Here

Book Description
Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.