The Riddle of All Constitutions

The Riddle of All Constitutions PDF Author: Susan Marks
Publisher: Oxford University Press, USA
ISBN: 9780199264131
Category : Law
Languages : en
Pages : 180

Get Book Here

Book Description
The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competingconceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which theygive rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.

The Riddle of All Constitutions

The Riddle of All Constitutions PDF Author: Susan Marks
Publisher: Oxford University Press, USA
ISBN: 9780199264131
Category : Law
Languages : en
Pages : 180

Get Book Here

Book Description
The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competingconceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which theygive rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.

The Riddle of All Constitutions

The Riddle of All Constitutions PDF Author: Susan R. Marks
Publisher: Oxford University Press, USA
ISBN:
Category : Law
Languages : en
Pages : 184

Get Book Here

Book Description
The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

The Riddle of All Constitutions

The Riddle of All Constitutions PDF Author: Susan R. Marks
Publisher:
ISBN: 9780191714870
Category : Constitutional law
Languages : en
Pages : 164

Get Book Here

Book Description
The promotion of democracy is familiar in foreign policy and the activities of international organizations. The author considers whether international law should join this move to promote democratic political arrangements.

The Riddle of All Constitutions

The Riddle of All Constitutions PDF Author: Susan Ruth Marks
Publisher:
ISBN:
Category :
Languages : en
Pages :

Get Book Here

Book Description


Hannah Arendt and the Law

Hannah Arendt and the Law PDF Author: Marco Goldoni
Publisher: Bloomsbury Publishing
ISBN: 1847319319
Category : Law
Languages : en
Pages : 382

Get Book Here

Book Description
This book fills a major gap in the ever-increasing secondary literature on Hannah Arendt's political thought by providing a dedicated and coherent treatment of the many, various and interesting things which Arendt had to say about law. Often obscured by more pressing or more controversial aspects of her work, Arendt nonetheless had interesting insights into Greek and Roman concepts of law, human rights, constitutional design, legislation, sovereignty, international tribunals, judicial review and much more. This book retrieves these aspects of her legal philosophy for the attention of both Arendt scholars and lawyers alike. The book brings together lawyers as well as Arendt scholars drawn from a range of disciplines (philosophy, political science, international relations), who have engaged in an internal debate the dynamism of which is captured in print. Following the editors' introduction, the book is split into four Parts: Part I explores the concept of law in Arendt's thought; Part II explores legal aspects of Arendt's constitutional thought: first locating Arendt in the wider tradition of republican constitutionalism, before turning attention to the role of courts and the role of parliament in her constitutional design. In Part III Arendt's thought on international law is explored from a variety of perspectives, covering international institutions and international criminal law, as well as the theoretical foundations of international law. Part IV debates the foundations, content and meaning of Arendt's famous and influential claim that the 'right to have rights' is the one true human right.

Constitutions and the Classics

Constitutions and the Classics PDF Author: Denis James Galligan
Publisher: Oxford University Press, USA
ISBN: 019871498X
Category : Law
Languages : en
Pages : 456

Get Book Here

Book Description
Focusing on major political and legal theorists whose work on constitutional theory had a significant impact, this book unearths an untold story of the development of constitutional thought in the context of the broader political environment.

Questioning the Foundations of Public Law

Questioning the Foundations of Public Law PDF Author: Michael A Wilkinson
Publisher: Bloomsbury Publishing
ISBN: 1509911693
Category : Law
Languages : en
Pages : 321

Get Book Here

Book Description
In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

The Right to Have Rights

The Right to Have Rights PDF Author: Alison Kesby
Publisher: OUP Oxford
ISBN: 019162778X
Category : Law
Languages : en
Pages : 187

Get Book Here

Book Description
Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

Transitional Justice from Below

Transitional Justice from Below PDF Author: Kieran McEvoy
Publisher: Bloomsbury Publishing
ISBN: 1847314422
Category : Political Science
Languages : en
Pages : 274

Get Book Here

Book Description
Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

Revolution, Transition, Memory, and Oblivion

Revolution, Transition, Memory, and Oblivion PDF Author: Martin Belov
Publisher: Edward Elgar Publishing
ISBN: 1800370539
Category : Law
Languages : en
Pages : 264

Get Book Here

Book Description
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.