Rights And Constitutionalism PDF Download
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Author | : Martin Loughlin |
Publisher | : Harvard University Press |
Total Pages | : 273 |
Release | : 2022-05-17 |
Genre | : LAW |
ISBN | : 0674268024 |
Download Against Constitutionalism Book in PDF, ePub and Kindle
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 | : Vicki C. Jackson |
Publisher | : Cambridge University Press |
Total Pages | : 281 |
Release | : 2022-10-27 |
Genre | : Law |
ISBN | : 1009178105 |
Download Constitutionalism and a Right to Effective Government? Book in PDF, ePub and Kindle
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Author | : Roberto Gargarella |
Publisher | : Cambridge University Press |
Total Pages | : 287 |
Release | : 2010-04-12 |
Genre | : Political Science |
ISBN | : 1139485989 |
Download The Legal Foundations of Inequality Book in PDF, ePub and Kindle
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.
Author | : Michael W. Dowdle |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2017-01-26 |
Genre | : Law |
ISBN | : 1316943089 |
Download Constitutionalism beyond Liberalism Book in PDF, ePub and Kindle
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author | : András Sajó |
Publisher | : Oxford University Press |
Total Pages | : 500 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198732171 |
Download The Constitution of Freedom Book in PDF, ePub and Kindle
Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 230 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Download Common-law Liberty Book in PDF, ePub and Kindle
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author | : Richard Bellamy |
Publisher | : Cambridge University Press |
Total Pages | : 280 |
Release | : 2007-09-13 |
Genre | : Political Science |
ISBN | : 1139467913 |
Download Political Constitutionalism Book in PDF, ePub and Kindle
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Author | : Richard Howard Cox |
Publisher | : |
Total Pages | : 148 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Download Four Pillars of Constitutionalism Book in PDF, ePub and Kindle
This book brings together for the first time in a single volume the four primary documents that, since 1878, have formed a type of "preamble" to the revised United States Code: the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.
Author | : Giovanni De Gregorio |
Publisher | : Cambridge University Press |
Total Pages | : 383 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 1316512770 |
Download Digital Constitutionalism in Europe Book in PDF, ePub and Kindle
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
Author | : Charles Howard McIlwain |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 172 |
Release | : 2005 |
Genre | : Constitutional history |
ISBN | : 1584775505 |
Download Constitutionalism Book in PDF, ePub and Kindle
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.