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Author: N. W. Barber Publisher: Oxford University Press ISBN: 0192535684 Category : Law Languages : en Pages : 417
Book Description
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author: N. W. Barber Publisher: Oxford University Press ISBN: 0192535684 Category : Law Languages : en Pages : 417
Book Description
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author: Donald S. Lutz Publisher: Cambridge University Press ISBN: 1139460552 Category : Political Science Languages : en Pages : 251
Book Description
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
Author: N. W. Barber Publisher: OUP Oxford ISBN: 0191637254 Category : Law Languages : en Pages : 384
Book Description
The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.
Author: Steven F. Pittz Publisher: University of Oklahoma Press ISBN: 0806190426 Category : Political Science Languages : en Pages : 372
Book Description
Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.
Author: Grant Huscroft Publisher: Cambridge University Press ISBN: 9780521887410 Category : Law Languages : en Pages : 332
Book Description
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author: N. W. Barber Publisher: Oxford University Press ISBN: 0192593447 Category : Law Languages : en Pages : 401
Book Description
This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.
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.
Author: Richard Albert Publisher: ISBN: 0198793049 Category : Law Languages : en Pages : 753
Book Description
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
Author: Kiwinda Mbondenyi Publisher: African Books Collective ISBN: 9966031901 Category : Law Languages : en Pages : 268
Book Description
The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.
Author: N. W. Barber
Author: N. W. Barber
Author: Donald S. Lutz
Author: N. W. Barber
Author: Akhil Reed Amar
Author: Steven F. Pittz
Author: Grant Huscroft
Author: N. W. Barber
Author: Martin Loughlin
Author: Richard Albert
Author: Kiwinda Mbondenyi