Author: Andrea Buratti
Publisher: Springer
ISBN: 3319993380
Category : Law
Languages : en
Pages : 257
Book Description
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Western Constitutionalism
Author: Andrea Buratti
Publisher: Springer
ISBN: 3319993380
Category : Law
Languages : en
Pages : 257
Book Description
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Publisher: Springer
ISBN: 3319993380
Category : Law
Languages : en
Pages : 257
Book Description
This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Constitutionalism and the Separation of Powers
Author: M. J. C. Vile
Publisher:
ISBN: 9780865971752
Category : History
Languages : en
Pages : 0
Book Description
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Publisher:
ISBN: 9780865971752
Category : History
Languages : en
Pages : 0
Book Description
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
Controlling the State
Author: Scott GORDON
Publisher: Harvard University Press
ISBN: 0674037839
Category : Political Science
Languages : en
Pages : 408
Book Description
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Publisher: Harvard University Press
ISBN: 0674037839
Category : Political Science
Languages : en
Pages : 408
Book Description
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
Constitutionalism in Context
Author: David S. Law
Publisher:
ISBN: 110842709X
Category : Law
Languages : en
Pages : 611
Book Description
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
Publisher:
ISBN: 110842709X
Category : Law
Languages : en
Pages : 611
Book Description
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
An Historical Introduction to Western Constitutional Law
Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 9780521476935
Category : Law
Languages : en
Pages : 352
Book Description
The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
Publisher: Cambridge University Press
ISBN: 9780521476935
Category : Law
Languages : en
Pages : 352
Book Description
The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
Confucian Constitutionalism in East Asia
Author: Bui Ngoc Son
Publisher: Routledge
ISBN: 1317529065
Category : Law
Languages : en
Pages : 235
Book Description
Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Publisher: Routledge
ISBN: 1317529065
Category : Law
Languages : en
Pages : 235
Book Description
Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Against Constitutionalism
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
Book Description
A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Publisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
Book Description
A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
The Constitutional Systems of the Independent Central Asian States
Author: Scott Newton
Publisher: Bloomsbury Publishing
ISBN: 1509909478
Category : Law
Languages : en
Pages : 365
Book Description
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Publisher: Bloomsbury Publishing
ISBN: 1509909478
Category : Law
Languages : en
Pages : 365
Book Description
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the 'new world order' of globalisation, neoliberalism, and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism, and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere.
Constitutionalism
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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.
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172
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.
American Constitutionalism Heard Round the World, 1776-1989
Author: George Athan Billias
Publisher: NYU Press
ISBN: 0814791077
Category : History
Languages : en
Pages : 560
Book Description
George Athan Billias traces the spread of American constitutionalism, from the time of the American Revolution to the conclusion of the Cold War.
Publisher: NYU Press
ISBN: 0814791077
Category : History
Languages : en
Pages : 560
Book Description
George Athan Billias traces the spread of American constitutionalism, from the time of the American Revolution to the conclusion of the Cold War.