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: Paul D. Moreno
Publisher: Cambridge University Press
ISBN: 1107032954
Category : History
Languages : en
Pages : 367
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Book Description
The story of the breakdown of limited government in America and the rise of the federal state.
Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522
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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273
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Book Description
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.
Author: Dieter Grimm
Publisher: Oxford University Press
ISBN: 0191090964
Category : Law
Languages : en
Pages : 401
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Book Description
Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
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Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Sheila Jasanoff
Publisher: MIT Press
ISBN: 0262297787
Category : Science
Languages : en
Pages : 321
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Book Description
Investigations into the interplay of biological and legal conceptions of life, from government policies on cloning to DNA profiling by law enforcement. Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay—the former focusing on life's definition, the latter on life's entitlements. Reframing Rights argues that this period of transformative change in law and the life sciences should be considered “bioconstitutional.” Reframing Rights explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. Sheila Jasanoff maps out the conceptual territory in a substantive editorial introduction, after which the contributors offer “snapshots” of developments at the frontiers of biotechnology and the law. Chapters examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.
Author: Alexander Somek
Publisher:
ISBN: 0199651531
Category : Law
Languages : en
Pages : 305
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Book Description
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.
Author: Günes Murat Tezcür
Publisher: Oxford University Press
ISBN: 0190064897
Category : Political Science
Languages : en
Pages : 865
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Book Description
The study of politics in Turkey : new horizons and perennial pitfalls / Güneş Murat Tezcür -- Democratization theories and Turkey / Ekrem Karakoç -- Ruling ideologies in modern Turkey / Kerem Öktem -- Constitutionalism in Turkey / Aslı Ü. Bâli -- Civil-military relations and the demise of Turkish democracy / Nil S. Satana and Burak Bilgehan Özpek -- Capturing secularism in Turkey : the ease of comparison / Murat Akan -- The political economy of Turkey since the end of World War II / Şevket Pamuk -- Neoliberal politics in Turkey / Sinan Erensü and Yahya M. Madra -- The politics of welfare in Turkey / Erdem Yörük -- The political economy of environmental policymaking in Turkey : a vicious cycle / Fikret Adaman, Bengi Akbulut, and Murat Arsel -- The politics of energy in Turkey : running engines on geopolitical, discursive, and coercive power / Begüm Özkaynak, Ethemcan Turhan, and Cem İskender Aydın -- The contemporary politics of health in Turkey : diverse actors, competing frames, and uneven policies / Volkan Yılmaz -- Populism in Turkey : historical and contemporary patterns / Yüksel Taşkın -- Old and new polarizations and failed democratizations in Turkey / Murat Somer -- Economic voting during the AKP era in Turkey / S. Erdem Aytaç -- Party organizations in Turkey and their consequences for democracy / Melis G. Laebens -- The evolution of conventional political participation in Turkey / Ersin Kalaycıoğlu -- Symbolic politics and contention in the Turkish Republic / Senem Aslan -- Islamist activism in Turkey / Menderes Çınar -- The Kurdish movement in Turkey : understanding everyday perceptions and experiences / Dilan Okcuoglu -- The Transnational Mobilization of the Alevis of Turkey : from invisibility to the struggle for equality / Ceren Lord -- Politics of asylum seekers and refugees in Turkey : limits and prospects of populism / Fatih Resul Kılınç and Şule Toktaş -- A theoretical account of Turkish foreign policy under the AKP / Tarık Oğuzlu -- US-Turkey relations since WWII : from alliance to transactionalism / Serhat Güvenç and Soli Özel -- Turkey and Europe : historical asynchronicities and perceptual asymmetries / Hakan Yılmaz -- Turkey's foreign policy in the Middle East : an identity perspective / Lisel Hintz -- Turkey and Russia : historical patterns and contemporary trends in bilateral relations / Evren Balta and Mitat Çelikpala -- Citizenship and protest behavior in Turkey / Ayhan Kaya -- Gender politics and the struggle for equality in Turkey / Zehra F. Kabasakal Arat -- Human rights organizations in Turkey / Başak Çalı -- Truth, justice, and commemoration initiatives in Turkey / Onur Bakiner -- The politics of media in Turkey : chronicle of a stillborn media system / Sarphan Uzunoğlu -- The AKP's rhetoric of rule in Turkey : political melodramas of conspiracy from "ergenekon" to "mastermind" / Erdağ Göknar -- The transformation of political cinema in Turkey since the 1960s : a change of discourse / Zeynep Çetin-Erus and M. Elif Demoğlu -- Political music in Turkey : the birth and diversification of dissident and conformist music (1920-2000) / Mustafa Avcı.
Author: Michael J. Glennon
Publisher: Princeton University Press
ISBN: 9780691023052
Category : Law
Languages : en
Pages : 382
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Book Description
Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
