Constitutional and Political Theory

In this representative edition of Ernst-Wolfgang Böckenförde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the ...

Author: Ernst-Wolfgang Böckenförde

Publisher: Oxford University Press

ISBN: 9780198714965

Category: Law

Page: 429

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Ernst-Wolfgang Bockenforde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Bockenforde has been a major contributor to contemporary debates in legaland political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of European integration. Hiswritings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Bockenforde has influenced the way inwhich academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, thelaw on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Bockenforde's writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III)constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these four cornerstones of Bockenforde's legal and political thinking features introductions to the articles as well as a running editorial commentary to the work. A secondvolume will follow this collection, focusing on the relation between religion, law, and democracy.
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Constitutions and Political Theory

The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a ...

Author: Jan-Erik Lane

Publisher: Manchester University Press

ISBN: 0719046483

Category: Political Science

Page: 294

View: 724

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Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
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The political theory of the Irish Constitution

The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory.

Author: Eoin Daly

Publisher: Manchester University Press

ISBN: 9780719098864

Category: Political Science

Page: 248

View: 227

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The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.
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State Society and Liberty

This collection of essays by West German jurist Bockenforde concerns the historical and philosophical theories which have founded and changed the modern state as constituted under law.

Author: Ernst Wolfgang Böckenförde

Publisher: Berg Pub Limited

ISBN: UOM:39015024903372

Category: Law

Page: 257

View: 167

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One in a series presenting major authors in the continental tradition of legal and political theory. This collection of essays by West German jurist Bockenforde concerns the historical and philosophical theories which have founded and changed the modern state as constituted under law.
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Law Politics and the Constitution

Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood?

Author: Siri Hummel

Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften

ISBN: 3631654642

Category: Law

Page: 217

View: 940

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The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.
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Political Theory and Partisan Politics

This volume redresses this neglect, focusing on the interrelated questions of whether the task of political theory is to find some means of containing partisan politics and whether political theory is itself separate from partisan politics.

Author: Edward Bryan Portis

Publisher: SUNY Press

ISBN: 9780791492574

Category: Political Science

Page: 226

View: 996

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Political theorists typically define political action in terms of rational potential rather than conflict, and for this reason neglect the partisan nature of political experience. This volume redresses this neglect, focusing on the interrelated questions of whether the task of political theory is to find some means of containing partisan politics and whether political theory is itself separate from partisan politics.
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Democracy and Legal Change

In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity.

Author: Melissa Schwartzberg

Publisher: Cambridge University Press

ISBN: 9781139464345

Category: Political Science

Page:

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Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.
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The Constitution as Political Structure

The book argues that there should be aggressive judicial interpretation and enforcement of constitutional provisions concerning the structure of government.

Author: Martin H. Redish

Publisher: Oxford University Press on Demand

ISBN: 9780195070606

Category: Language Arts & Disciplines

Page: 229

View: 324

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Over the last forty years both modern constitutional scholarship and Supreme Court constitutional doctrine have concentrated on the analysis of rights, while issues of constitutional law related to the structure of government have been largely ignored. The irony of this interpretive emphasis is that the Constitution itself contains relatively little dealing with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work is the only scholarly attempt to emphasize the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the foundation in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very basis of American political theory.
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The Political Theory of a Compound Republic

Hamilton's thesis, derived from “the general theory of a limited Constitution,” is
that the provisions ofa constitution have ... In such a political system, “whether
constitutional law has thus been expressly adopted, or simply consists of
principles ...

Author: Vincent Ostrom

Publisher: Lexington Books

ISBN: 9780739159149

Category: Political Science

Page: 316

View: 878

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The Political Theory of a Compound Republic examines the foundation of American constitutional design expressed in theFederalist. Through meticulous textual analysis, the logical principles of federalism_the extended and compound republic envisioned by James Madison and Alexander Hamilton_are revealed as thirteen propositions broadly applicable to any effort to design the institutions of a self-governing polity. The final chapters, expanded and revised by Vincent Ostrom and Barbara Allen, turn to the American experiment in constitutional choice at the threshold of the twenty-first century. In this revised edition, Ostrom and Allen consider the continuing story of federal institutional development by focusing on two current concerns: the 'imperial presidency' and the ideal of universal human rights. This third, revised and expanded edition of The Political Theory of a Compound Republic continues to be of interest to scholars of federalism, institutional analysis and development, political economy and public choice, and students of the American founding. It is also useful in undergraduate and graduate courses on American government and political thought.
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Political Theory and the European Union

The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe.

Author: Michael Nentwich

Publisher: Routledge

ISBN: 9781134690169

Category: Political Science

Page: 220

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The contributors to this book examine the issues of constitutional choice that face the governments and citizens of today's Europe. Divided into three sections this study addresses: questions of political legitimacy and the meaning of democratic deficit in the EU; the reality of what institutional reforms and decision making processes are possible; and the rights of citizenship and values that should be protected.
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Sociocybernetics and Political Theory in a Complex World Recasting Constitutionalism

In Sociocybernetics and Political Theory in a Complex World, Roberto Mancilla offers new takes on known ideas of political and constitutional theory; the advent of information technology and globalization puts them in crisis, as many stem ...

Author: Roberto Gustavo Mancilla Castro

Publisher: BRILL

ISBN: 9789004441279

Category: Philosophy

Page: 128

View: 181

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In Sociocybernetics and Political Theory in a Complex World, Roberto Mancilla offers new takes on known ideas of political and constitutional theory; the advent of information technology and globalization puts them in crisis, as many stem from centuries past.
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Political Political Theory

Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.

Author: Jeremy Waldron

Publisher: Harvard University Press

ISBN: 9780674970366

Category: Political Science

Page: 415

View: 602

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Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.
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Constitutional Theory

This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.

Author: Carl Schmitt

Publisher: Duke University Press

ISBN: 9780822340119

Category: Law

Page: 468

View: 188

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This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.
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Carl Schmitt s State and Constitutional Theory

Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis.

Author: Benjamin Schupmann

Publisher: Oxford University Press

ISBN: 9780198791614

Category: History

Page: 232

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Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
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Politics and Ethics of the Indian Constitution

Contributed articles presented at a conference on the political philosophy of the Indian constitution held in Goa in Sept. 2001.

Author: Rajeev Bhargava

Publisher: Oxford University Press, USA

ISBN: STANFORD:36105134481535

Category: Law

Page: 409

View: 707

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Contributed articles presented at a conference on the political philosophy of the Indian constitution held in Goa in Sept. 2001.
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The Political Dimension of Constitutional Law

This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding ...

Author: Miguel Nogueira de Brito

Publisher: Springer Nature

ISBN: 9783030384593

Category: Law

Page: 189

View: 815

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This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
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Politics Democracy and the Supreme Court

He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory.

Author: Arthur Selwyn Miller

Publisher: Praeger

ISBN: UOM:39015010857574

Category: Law

Page: 368

View: 417

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Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as constitutional law rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.
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Comparative History and Legal Theory

Seitzer seeks to provide a more effective criticism of Schmitt than commentaries that focus on Schmitt's treatment of key works and concepts in legal and political theory.

Author: Jeffrey Seitzer

Publisher: Greenwood Publishing Group

ISBN: 031330792X

Category: History

Page: 165

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Seitzer seeks to provide a more effective criticism of Schmitt than commentaries that focus on Schmitt's treatment of key works and concepts in legal and political theory. He elaborates a concrete form of normative theory, which uses comparative history to identify and test institutional changes that enhance the overall system's capacity for self-correction.
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Constitutional Environmental Rights

This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state.

Author: Tim Hayward

Publisher: Oxford University Press

ISBN: 9780199278671

Category: Political Science

Page: 236

View: 979

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This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.
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Applied Political Theory and Canadian Politics

Bringing together political theorists and specialists in Canadian politics, Applied Political Theory and Canadian Politics combines conceptual frameworks from political theory and empirical evidence to offer fresh perspectives on political ...

Author: David McGrane

Publisher: University of Toronto Press

ISBN: 9781442628434

Category: Political Science

Page: 508

View: 173

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Bringing together political theorists and specialists in Canadian politics, Applied Political Theory and Canadian Politics combines conceptual frameworks from political theory and empirical evidence to offer fresh perspectives on political events in contemporary Canada. Examining complex and timely subjects such as equality, social justice, democracy, citizenship, and ethnic diversity, contributors present current and archival research supplemented with insights drawn from political theory to give readers a deep and nuanced understanding of increasingly pressing issues in Canadian society. For scholars and students seeking a work of political theory that is tangible, focused, and connected to the real world of everyday politics, Applied Political Theory and Canadian Politics will be an important resource, combining philosophical insights and empirical evidence to enhance our understanding of contemporary Canadian politics.
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