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Constitutional Patriotism

Constitutional Patriotism
Author: Jan-Werner Muller
Publisher: Princeton University Press
Total Pages: 188
Release: 2009-01-10
Genre: Political Science
ISBN: 1400828082

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Constitutional Patriotism offers a new theory of citizenship and civic allegiance for today's culturally diverse liberal democracies. Rejecting conventional accounts of liberal nationalism and cosmopolitanism, Jan-Werner Müller argues for a form of political belonging centered on universalist norms, adapted for specific constitutional cultures. At the same time, he presents a novel approach to thinking about political belonging and the preconditions of democratic legitimacy beyond the nation-state. The book takes the development of the European Union as a case study, but its lessons apply also to the United States and other parts of the world. Müller's essay starts with an engaging historical account of the origins and spread of the concept of constitutional patriotism-the idea that political attachment ought to center on the norms and values of a liberal democratic constitution rather than a national culture or the "global human community." In a more analytical part, he then proposes a critical conception of citizenship that makes room for dissent and civil disobedience while taking seriously a polity's need for stability over time. Müller's theory of constitutional patriotism responds to the challenges of the de facto multiculturalism of today's states--with a number of concrete policy implications about immigration and the preconditions for citizenship clearly spelled out. And it asks what civic empowerment could mean in a globalizing world.


Handbook of Patriotism

Handbook of Patriotism
Author: Mitja Sardoč
Publisher: Springer
Total Pages: 0
Release: 2020-07-28
Genre: Philosophy
ISBN: 9783319544830

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Both historically and conceptually, patriotism has been one of the foundational characteristics that defines the very essence of one’s attachment, identification and loyalty to a political community and a basic virtue associated with citizenship as a political conception of the person. Despite its centrality in the pantheon of political ideals, patriotism remains a contested concept and an elusive virtue as well as a source of potential conflicts and violence. The Handbook of Patriotism (the first reference work of its kind) brings together a set of contributions by some of the leading authors on the main themes and concepts associated with this area of scholarly research. Each chapter provides a comprehensive coverage of a particular aspect of this complex, and controversial, social phenomenon. The handbook provides a clear and authoritative exposition of key contemporary conceptions of patriotism, discusses the justification and the motivational impulses associated with patriotism, and examines some of the different ideas most commonly associated with one’s attachment, identification and loyalty to a political community. At the same time, it covers a number of basic concepts associated with the ‘standard’ analysis of patriotism, e.g. civic friendship, solidarity, associative duties, civic virtue, loyalty, pride, responsibility, courage etc. It also presents some of the concepts that were previously lef outside its gravitational orbit, e.g. federalism, religion, taxation and the economy.


Judicial Cosmopolitanism

Judicial Cosmopolitanism
Author: Giuseppe Franco Ferrari
Publisher: BRILL
Total Pages: 915
Release: 2019-09-24
Genre: Law
ISBN: 9004297596

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Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law
Author: Martin Belov
Publisher: Routledge
Total Pages: 201
Release: 2019-10-16
Genre: Law
ISBN: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Living Originalism

Living Originalism
Author: Jack M. Balkin
Publisher: Harvard University Press
Total Pages: 481
Release: 2011-11-29
Genre: Law
ISBN: 0674063031

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Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.


Reclaiming Patriotism in an Age of Extremes

Reclaiming Patriotism in an Age of Extremes
Author: Steven B. Smith
Publisher: Yale University Press
Total Pages: 254
Release: 2021-02-23
Genre: Political Science
ISBN: 0300258704

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A rediscovery of patriotism as a virtue in line with the core values of democracy in an extremist age The concept of patriotism has fallen on hard times. What was once a value that united Americans has become so politicized by both the left and the right that it threatens to rip apart the social fabric. On the right, patriotism has become synonymous with nationalism and an “us versus them” worldview, while on the left it is seen as an impediment to acknowledging important ethnic, religious, or racial identities and a threat to cosmopolitan globalism. Steven B. Smith reclaims patriotism from these extremist positions and advocates for a patriotism that is broad enough to balance loyalty to country against other loyalties. Describing how it is a matter of both the head and the heart, Smith shows how patriotism can bring the country together around the highest ideals of equality and is a central and ennobling disposition that democratic societies cannot afford to do without.


Patriotism

Patriotism
Author: Igor Primoratz
Publisher: Routledge
Total Pages: 250
Release: 2016-05-13
Genre: Political Science
ISBN: 1317083172

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Economic and cultural globalization and the worldwide threat of terrorism have contributed to the resurgence of patriotic loyalty in many parts of the world and made the issues it raises highly topical. This collection of new essays by philosophers and political theorists engages with a wide range of conceptual, moral and political questions raised by the current revival of patriotism. It displays both similarities and differences between patriotism and nationalism, and considers the proposal of Habermas and others to disconnect the two. Ideal as a supplementary reader for undergraduate and postgraduate courses in politics/political science especially in political theory, contemporary political ideologies and nationalism and in philosophy for courses on applied ethics and political philosophy.


Constitution-Making under UN Auspices

Constitution-Making under UN Auspices
Author: Vijayashri Sripati
Publisher: Oxford University Press
Total Pages: 374
Release: 2020-01-16
Genre: Law
ISBN: 0199098360

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In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.


Constitutional Faith

Constitutional Faith
Author: Sanford Levinson
Publisher: Princeton University Press
Total Pages: 276
Release: 2011-09-11
Genre: History
ISBN: 0691152403

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"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.


Patriotism and Piety

Patriotism and Piety
Author: Jonathan J. Den Hartog
Publisher: University of Virginia Press
Total Pages: 338
Release: 2015-01-12
Genre: History
ISBN: 081393642X

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In Patriotism and Piety, Jonathan Den Hartog argues that the question of how religion would function in American society was decided in the decades after the Constitution and First Amendment established a legal framework. Den Hartog shows that among the wide array of politicians and public figures struggling to define religion’s place in the new nation, Federalists stood out—evolving religious attitudes were central to Federalism, and the encounter with Federalism strongly shaped American Christianity. Den Hartog describes the Federalist appropriations of religion as passing through three stages: a "republican" phase of easy cooperation inherited from the experience of the American Revolution; a "combative" phase, forged during the political battles of the 1790s–1800s, when the destiny of the republic was hotly contested; and a "voluntarist" phase that grew in importance after 1800. Faith became more individualistic and issue-oriented as a result of the actions of religious Federalists. Religious impulses fueled party activism and informed governance, but the redirection of religious energies into voluntary societies sapped party momentum, and religious differences led to intraparty splits. These developments altered not only the Federalist Party but also the practice and perception of religion in America, as Federalist insights helped to create voluntary, national organizations in which Americans could practice their faith in interdenominational settings. Patriotism and Pietyfocuses on the experiences and challenges confronted by a number of Federalists, from well-known leaders such as John Adams, John Jay, Charles Cotesworth Pinckney, and Timothy Dwight to lesser-known but still important figures such as Caleb Strong, Elias Boudinot, and William Jay.