Download or read book Constituent Power Beyond the State written by Geneviève Nootens and published by Routledge. This book was released on 2021-12-30 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
Download or read book Constituent Power written by Lucia Rubinelli and published by Cambridge University Press. This book was released on 2020-05-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.
Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by . This book was released on 2007 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Download or read book Insurgencies written by Antonio Negri and published by U of Minnesota Press. This book was released on 1999 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.
Download or read book Agonistic Democracy written by Mark Wenman and published by Cambridge University Press. This book was released on 2013-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.
Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constituent Power in the European Union written by Markus Patberg and published by . This book was released on 2020 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Download or read book Sovereignty in Action written by Bas Leijssenaar and published by Cambridge University Press. This book was released on 2019-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Download or read book European Constitutionalism Beyond the State written by J. H. H. Weiler and published by Cambridge University Press. This book was released on 2003-09-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
Download or read book Kantian Theory and Human Rights written by Andreas Follesdal and published by Routledge. This book was released on 2013-11-12 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
Download or read book Constitutionalism in Global Constitutionalisation written by Aoife O'Donoghue and published by Cambridge University Press. This book was released on 2014-06-05 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.
Download or read book The Adventures of the Constituent Power written by Andrew Arato and published by Cambridge University Press. This book was released on 2017-11-30 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
Download or read book Beyond Power and Resistance written by Peter Bloom and published by Rowman & Littlefield. This book was released on 2016-11-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has political resistance has lost its ability to confront political and economic power and achieve social change? Despite its best intentions, resistance has often become incorporated and neutered before it achieves its aims, as new forms of power absorb it and turn it towards their own ends. Since the Enlightenment, the opposing forces of power and resistance have framed our view of society and politics. Exploring that development, this book shows how resistance can, ironically, reinforce existing status quos and fundamentally strengthen capitalist and colonial desires for “sovereignty” and “domination”. It highlights, therefore, the urgent need for new critical perspectives that breaks free from this imprisoning modern history. In this spirit, this book seeks to theorize the radical potential for a post-resistance existence and politics. One that exchanges a permanent revolution against authority with the discovery of novel forms of agency, social relations and the self that are currently lacking. That aims to construct economic and social systems based not on the possibility of freedom but enlarging the freedom of possibility. In the 21st century can we move beyond power and resistance to a politics at the radical limits that eternally expands what is socially possible?
Download or read book Modern Constitutions written by Rogers M. Smith and published by University of Pennsylvania Press. This book was released on 2020-08-14 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.
Download or read book Forms of Pluralism and Democratic Constitutionalism written by Andrew Arato and published by . This book was released on 2018 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Download or read book The Twilight of Constitutionalism written by Petra Dobner and published by OUP Oxford. This book was released on 2012-01-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about 'constitutionalism beyond the state'. The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, the question of the future of constitutionalist ideas in the framework of the EU provides the key theme of Part III. The remaining parts consider possible transformations or substitutes. The engagement of constitutions with international law offers one line of transmutation of constitutionalism (Part IV) and the diffusion of constitutionalism into separate social spheres provides an alternative way of pursuing constitutionalism in a new key (Part VI). Finally, the ability of the theory of global administrative law (examined in Part V) to offer an alternative account of the potential of jurisdictional control of global governing processes is examined. Through these explorations, the book offers cross-disciplinary insights into the impact of recent political and economic changes on modern constitutionalism and an assessment of the prospects for constitutionalism in a transnational environment.
Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
