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| Author | : Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld |
| Publisher | : |
| Total Pages | : 338 |
| Release | : 2014-05-14 |
| Genre | : PHILOSOPHY |
| ISBN | : 9781139144766 |
Argues that a political and legal philosophy based on pluralism confronts the problems of the twenty-first century.
| Author | : Michel Rosenfeld |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2011-09-26 |
| Genre | : Law |
| ISBN | : 1139502549 |
The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.
| Author | : James Boyd White |
| Publisher | : University of Michigan Press |
| Total Pages | : 292 |
| Release | : 2009-05-05 |
| Genre | : Law |
| ISBN | : 0472116843 |
Neither law nor democracy can survive where the empire of force dominates
| Author | : Peter Schuck |
| Publisher | : Routledge |
| Total Pages | : 504 |
| Release | : 2018-03-08 |
| Genre | : Political Science |
| ISBN | : 042996773X |
Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 76 |
| Release | : 2016-04-04 |
| Genre | : Political Science |
| ISBN | : 9287182647 |
A new Council of Europe reference framework of competences for democratic culture! Contemporary societies within Europe face many challenges, including declining levels of voter turnout in elections, increased distrust of politicians, high levels of hate crime, intolerance and prejudice towards minority ethnic and religious groups, and increasing levels of support for violent extremism. These challenges threaten the legitimacy of democratic institutions and peaceful co-existence within Europe. Formal education is a vital tool that can be used to tackle these challenges. Appropriate educational input and practices can boost democratic engagement, reduce intolerance and prejudice, and decrease support for violent extremism. However, to achieve these goals, educationists need a clear understanding of the democratic competences that should be targeted by the curriculum. This book presents a new conceptual model of the competences which citizens require to participate in democratic culture and live peacefully together with others in culturally diverse societies. The model is the product of intensive work over a two-year period, and has been strongly endorsed in an international consultation with leading educational experts. The book describes the competence model in detail, together with the methods used to develop it. The model provides a robust conceptual foundation for the future development of curricula, pedagogies and assessments in democratic citizenship and human rights education. Its application will enable educational systems to be harnessed effectively for the preparation of students for life as engaged and tolerant democratic citizens. The book forms the first component of a new Council of Europe reference framework of competences for democratic culture. It is vital reading for all educational policy makers and practitioners who work in the fields of education for democratic citizenship, human rights education and intercultural education.
| Author | : Michel Rosenfeld |
| Publisher | : OUP Oxford |
| Total Pages | : 1416 |
| Release | : 2012-05-17 |
| Genre | : Law |
| ISBN | : 0191640166 |
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
| Author | : Anthony F. Lang |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 609 |
| Release | : 2023-11-03 |
| Genre | : Political Science |
| ISBN | : 1802200266 |
This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.
| Author | : Ester Herlin-Karnell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 234 |
| Release | : 2019-04-18 |
| Genre | : Law |
| ISBN | : 1509912509 |
This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.
| Author | : Wim Voermans |
| Publisher | : Cambridge University Press |
| Total Pages | : 405 |
| Release | : 2023-09-30 |
| Genre | : Law |
| ISBN | : 1009385054 |
Wim Voermans traces the surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting a multi-disciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions, and how, in turn, constitutions have shaped our societies.
| Author | : John Bell |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 463 |
| Release | : 2016-04-29 |
| Genre | : Law |
| ISBN | : 1784717614 |
Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.
