Europe's Functional Constitution

A Theory of Constitutionalism Beyond the State
Author: Turkuler Isiksel
Publisher: Oxford University Press
ISBN: 019875907X
Category:
Page: 288
View: 2460
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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.

The Twilight of Constitutionalism?


Author: Petra Dobner,Martin Loughlin
Publisher: Oxford University Press
ISBN: 0199585008
Category: Law
Page: 352
View: 6465
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The essays gathered in this collection explore the effects of recent changes on two of the main building blocks of constitutionalism, statehood and democracy. It also looks at movements to overcome statehood in the EU and considers possible transformations to, or substitutes for statehood --

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law


Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509914897
Category: Law
Page: 304
View: 3486
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Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

Handbook on Global Constitutionalism


Author: Anthony F. Lang, Jr.,Antje Wiener
Publisher: Edward Elgar Publishing
ISBN: 1783477350
Category:
Page: 480
View: 6680
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This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Constitutionalism

Past, Present, and Future
Author: Dieter Grimm
Publisher: Oxford University Press
ISBN: 0198766122
Category:
Page: 400
View: 4557
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Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly 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.

The Constitutional State


Author: N. W. Barber
Publisher: OUP Oxford
ISBN: 0191637254
Category: Law
Page: 224
View: 973
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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.

Constitutional Fragments

Societal Constitutionalism and Globalization
Author: Gunther Teubner
Publisher: Oxford University Press
ISBN: 0199644675
Category: Law
Page: 213
View: 5237
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The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.

The Constitutionalization of International Law


Author: Jan Klabbers,Anne Peters,Geir Ulfstein
Publisher: Oxford University Press
ISBN: 0199543429
Category: Law
Page: 393
View: 3307
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An important ongoing debate in international law concerns the extent to which the international legal system is becoming constitutionalized. This book examines whether such constitutionalization is taking place and what a constitutionalized world order could or should imply, by critically analysing constitutionalist theories and advancing new ideas

The Three Branches

A Comparative Model of Separation of Powers
Author: Christoph Möllers
Publisher: Oxford University Press
ISBN: 0199602115
Category: Law
Page: 263
View: 1053
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The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches. A close analysis of the relation between individual and collective autonomy on the one hand and the ways lawmaking through public institutions can be established on the other hand helps us identify criteria for determining how legislative, administrative, and judicial lawmaking can be distinguished and should be organized. These criteria define a common ground in the confusing variety of western constitutional traditions and their diverse use of the notion of separated powers. They also enable us to establish a normative framework that throws a fresh perspective on problems of constitutional law in different constitutional systems: constitutional judicial review of legislation, limits of legislative delegation, parliamentary control of the executive, and standing. Linking arguments from comparative constitutional law and international law, the book then uses this framework to offer a new perspective on the debate on constitutionalism beyond the state. The concept permits certain institutional insights of the constitutional experiences within states to be applied at the international level without falling into any form of methodological nationalism.

Constitutionalism, Legitimacy, and Power

Nineteenth-century Experiences
Author: Kelly L. Grotke,Markus J. Prutsch
Publisher: Oxford University Press, USA
ISBN: 0198723059
Category: Law
Page: 431
View: 4625
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""This volume is the result of two working group meetings on constitutional history, held at the University of Helsinki in May 2010 and April 2011 under the auspices of the Research Project Europe 1815-1914"--Acknowledgements.

The Language of Liberal Constitutionalism


Author: Howard Schweber
Publisher: Cambridge University Press
ISBN: 1139462598
Category: Philosophy
Page: N.A
View: 2820
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This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

О духе законов


Author: Монтескье
Publisher: Рипол Классик
ISBN: 5424195202
Category: History
Page: 806
View: 8456
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Или об отношениях, в которых законы должны находится к устройству каждого правления, к нравам, климату, религии, торговле, и т.д. К чему автор прибавил новые исследования о законах римских, касающихся наследования, о законах французских и о законах феодальных. Вступительная статья М.М. Ковалевского.

After Public Law


Author: Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker
Publisher: Oxford University Press
ISBN: 0199669317
Category: Law
Page: 313
View: 4657
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An examination of the nature and scope of public law, this volume assesses its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, it studies the origins and nature of public law as a distinct legal concept, the values and functions of public law as practiced and understood in mainstream contemporarylegal discourse, and the evolution of public law in the context of global governance.

Jurisprudence of sovereignty

commonwealth states, political instability and crises of constitutionalism : a comparative study of history of the constitutional problems of---Cyprus, Malaysia, Pakistan, Uganda, Ghana, Nigeria
Author: C. U. Anyanwu
Publisher: N.A
ISBN: N.A
Category: Commonwealth countries
Page: 572
View: 1658
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The Health of Nations

Society and Law Beyond the State
Author: Philip Allott
Publisher: Cambridge University Press
ISBN: 9780521016803
Category: Law
Page: 436
View: 4405
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Exploring the social and legal implications of globalisation in terms of the general theory of society and law.

The Spectator


Author: N.A
Publisher: N.A
ISBN: N.A
Category:
Page: N.A
View: 3125
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Tilburg Foreign Law Review


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Comparative law
Page: N.A
View: 394
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Идея культуры


Author: Терри Иглтон
Publisher: Litres
ISBN: 5041633541
Category: Education
Page: N.A
View: 5478
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В этой книге выдающийся британский литературовед Терри Иглтон рассматривает понятие культуры в его историческом, философском и политическом контексте и вносит свой вклад в полемику, ведущуюся сегодня вокруг этого понятия.Книга адресована широкому кругу читателей – всем, кто интересуется историей и теорией культуры.