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Author: Fernando Mellado
Publisher:
ISBN:
Category : Constitutional law
Languages : es
Pages : 966
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Book Description
Author: Fernando Mellado
Publisher:
ISBN:
Category : Constitutional law
Languages : es
Pages : 966
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Book Description
Author: Fernando Mellado
Publisher:
ISBN:
Category :
Languages : es
Pages : 976
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Book Description
Author: Joel Colón-Ríos
Publisher: Oxford University Press
ISBN: 0191089087
Category : Law
Languages : en
Pages : 368
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Book Description
Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Author: Marco Goldoni
Publisher: Cambridge University Press
ISBN: 1009021117
Category : Law
Languages : en
Pages : 1091
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Book Description
Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.
Author: American Bar Association
Publisher:
ISBN:
Category : Bar associations
Languages : en
Pages : 718
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Book Description
Author: Duncan Hollis
Publisher: BRILL
ISBN: 9047407628
Category : Law
Languages : en
Pages : 857
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Book Description
As of 1 January 2018 this journal is no longer distributed by Brill. For information about subscriptions, please contact Higher Education Press.
Author: Tomás Elorrieta y Artaza
Publisher:
ISBN:
Category :
Languages : es
Pages : 297
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Book Description
Author: United States. Dept. of Justice. Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1492
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Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
Author:
Publisher:
ISBN:
Category : Labor
Languages : en
Pages : 70
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Book Description
