Author: Francis Dunham WormuthPublisher:
ISBN:
Category : Political Science
Languages : en
Pages : 268
Book Description
The Origins of Modern Constitutionalism
Author: Francis Dunham WormuthPublisher:
ISBN:
Category : Political Science
Languages : en
Pages : 268
Book Description
The Origins of Modern Constitutionalism
Author: Francis D. WormuthConstitutionalism
Author: Charles Howard McIlwainPublisher: 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.
The Rational Origins of Modern Constitutionalism
Author: Alexander S. FesenkoPublisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 180
Book Description
Modern Constitutions
Author: Rogers M. SmithPublisher: Democracy, Citizenship, and Company
ISBN: 0812252349
Category : History
Languages : en
Pages : 336
Book Description
The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.
Crown under Law
Author: Alexander S. RosenthalPublisher: Lexington Books
ISBN: 1461633281
Category : Philosophy
Languages : en
Pages : 357
Book Description
Crown under Law is an account of how and why the constitutional idea arose in early modern England. The book focuses on two figures_Richard Hooker and John Locke. Rosenthal represents Hooker as a transitional figure who follows in the medieval natural law tradition even while laying the groundwork for Locke's political thought. The book challenges the influential interpretation of Locke by Leo Strauss (who saw Locke as a radical modernist) by illustrating the lines of continuity between Locke's argument in the Two Treatises of Government and the earlier political tradition represented by Hooker. By illustrating the often distinctive manner in which Hooker addressed the great questions, and how he powerfully affected later developments such as Locke's conception of the state, Rosenthal's Crown under Law establishes the important place of Richard Hooker in the history of political thought.
Constitutionalism
Author: Dieter GrimmPublisher: Oxford University Press
ISBN: 0191090956
Category : Law
Languages : en
Pages : 401
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.
The Origins of American Constitutionalism
Author: Donald S. LutzPublisher: Lsu Press
ISBN: 9780807115060
Category : History
Languages : en
Pages : 178
Book Description
In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.
The Scepter of Reason
Author: Roberto GargarellaPublisher: Springer Science & Business Media
ISBN: 9781402002861
Category : Law
Languages : en
Pages : 180
Book Description
This book explores the origins of Anglo-American Constitutionalism, from both a philosophical and a historical perspective. It attempts to show that the institutional mechanisms incorporated into the American Constitution were modeled under a strong bias against collective discussion. The book also examines the alternative institutional system then proposed by a different and more radical tradition of thought, and evaluates this alternative from the ideal of a deliberate democracy. The Scepter of Reason challenges much of the current academic literature on the philosophical foundations of modern constitutionalism, and advances suggestions for a different approach. It will be particularly attractive for legal scholars, political scientists, and graduate and undergraduate students interested in Constitutional Theory, Anglo-American History, and Democratic Theory.
The Evangelical Origins of the Living Constitution
Author: John W. ComptonPublisher: Harvard University Press
ISBN: 0674419898
Category : Political Science
Languages : en
Pages : 360
Book Description
The New Deal is often said to represent a sea change in American constitutional history, overturning a century of precedent to permit an expanded federal government, increased regulation of the economy, and eroded property protections. John Compton offers a surprising revision of this familiar narrative, showing that nineteenth-century evangelical Protestants, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Following the great religious revivals of the early 1800s, American evangelicals embarked on a crusade to eradicate immorality from national life by destroying the property that made it possible. Their cause represented a direct challenge to founding-era legal protections of sinful practices such as slavery, lottery gambling, and buying and selling liquor. Although evangelicals urged the judiciary to bend the rules of constitutional adjudication on behalf of moral reform, antebellum judges usually resisted their overtures. But after the Civil War, American jurists increasingly acquiesced in the destruction of property on moral grounds. In the early twentieth century, Oliver Wendell Holmes and other critics of laissez-faire constitutionalism used the judiciary’s acceptance of evangelical moral values to demonstrate that conceptions of property rights and federalism were fluid, socially constructed, and subject to modification by democratic majorities. The result was a progressive constitutional regime—rooted in evangelical Protestantism—that would hold sway for the rest of the twentieth century.