Constitutional Theory PDF Download
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Author | : J. Harvie Wilkinson |
Publisher | : OUP USA |
Total Pages | : 174 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 0199846014 |
Download Cosmic Constitutional Theory Book in PDF, ePub and Kindle
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author | : John H. Garvey |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2004 |
Genre | : Constitutional law |
ISBN | : 9780314149053 |
Download Modern Constitutional Theory Book in PDF, ePub and Kindle
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.
Author | : Turkuler Isiksel |
Publisher | : Oxford University Press |
Total Pages | : 305 |
Release | : 2016 |
Genre | : Law |
ISBN | : 019875907X |
Download Europe's Functional Constitution Book in PDF, ePub and Kindle
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
Author | : Carl Schmitt |
Publisher | : Duke University Press |
Total Pages | : 492 |
Release | : 2008-01-23 |
Genre | : Law |
ISBN | : 9780822390589 |
Download Constitutional Theory Book in PDF, ePub and Kindle
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Author | : Geoffrey Marshall |
Publisher | : |
Total Pages | : 256 |
Release | : 1971 |
Genre | : Law |
ISBN | : |
Download Constitutional Theory Book in PDF, ePub and Kindle
This book examines the nature and role of the many conventions which, rather than laws, are instrumental in determining many important questions of Government behaviour in Britain and other Commonwealth countries.
Author | : N. W. Barber |
Publisher | : OUP Oxford |
Total Pages | : 224 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0191637254 |
Download The Constitutional State Book in PDF, ePub and Kindle
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 | : Philip Bobbitt |
Publisher | : Oxford University Press |
Total Pages | : 298 |
Release | : 1984-03-15 |
Genre | : Law |
ISBN | : 0199878587 |
Download Constitutional Fate Book in PDF, ePub and Kindle
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Author | : Michael J. Gerhardt |
Publisher | : Michie |
Total Pages | : 444 |
Release | : 1993 |
Genre | : Law |
ISBN | : |
Download Constitutional Theory Book in PDF, ePub and Kindle
Author | : Dieter Grimm |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2016-09-08 |
Genre | : Law |
ISBN | : 0191090956 |
Download Constitutionalism Book in PDF, ePub and Kindle
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.
Author | : Gary Jacobsohn |
Publisher | : Edward Elgar Publishing |
Total Pages | : 549 |
Release | : 2018-02-23 |
Genre | : Law |
ISBN | : 1784719137 |
Download Comparative Constitutional Theory Book in PDF, ePub and Kindle
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.