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This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
Book Synopsis Social and Political Foundations of Constitutions by : Denis J. Galligan
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Book Synopsis Constitutionalizing World Politics by : Karolina M. Milewicz
Download or read book Constitutionalizing World Politics written by Karolina M. Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.
Book Synopsis Constitutionalism by : Larry Alexander
Download or read book Constitutionalism written by Larry Alexander and published by Cambridge University Press. This book was released on 2001-02-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.
This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.
Book Synopsis The Foundations of American Constitutionalism by : Andrew Cunningham McLaughlin
Download or read book The Foundations of American Constitutionalism written by Andrew Cunningham McLaughlin and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Book Synopsis A Sociology of Constitutions by : Chris Thornhill
Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus
Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
Book Synopsis Corwin on the Constitution by : Edward S. Corwin
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
A bold argument that constitutional states are not weaker because their powers are divided — they are often stronger because they solve collective action problems rooted in speech and communication.
Book Synopsis Strong Constitutions by : Maxwell Cameron
Download or read book Strong Constitutions written by Maxwell Cameron and published by OUP USA. This book was released on 2013-07-11 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold argument that constitutional states are not weaker because their powers are divided — they are often stronger because they solve collective action problems rooted in speech and communication.
A scientific study of the political and economic factors influencing democratic decision making
Book Synopsis The Calculus of Consent by : James M. Buchanan
Download or read book The Calculus of Consent written by James M. Buchanan and published by University of Michigan Press. This book was released on 1965 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scientific study of the political and economic factors influencing democratic decision making
