Download or read book Postliberal Constitutionalism written by Adam Sulikowski and published by Taylor & Francis. This book was released on 2022-12-30 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. In short, this book maintains, conservative illiberalism has taken over the role that postmodernism could have played: the role of a ‘jester discourse’ relativizing the certainties and finality of liberal democracy. As the book argues, however, what this connection reveals is the necessity of a legal and political response that does not simply and hysterically reaffirm the former liberal hegemony. Rather, drawing on Foucault and post-Marxism, it articulates a concept of agonistic democracy that aims to shift the center of gravity in constitutional discourse away from any naive liberal faith in the nonpolitical. This book will appeal to constitutional lawyers, as well as to legal and political theorists with interests in contemporary populism and liberal thought.
Download or read book Constitutionalism and a Right to Effective Government written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Download or read book Time and Social Theory written by Barbara Adam and published by John Wiley & Sons. This book was released on 2013-03-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time is at the forefront of contemporary scholarly inquiry across the natural sciences and the humanities. Yet the social sciences have remained substantially isolated from time-related concerns. This book argues that time should be a key part of social theory and focuses concern upon issues which have emerged as central to an understanding of today's social world. Through her analysis of time Barbara Adam shows that our contemporary social theories are firmly embedded in Newtonian science and classical dualistic philosophy. She exposes these classical frameworks of thought as inadequate to the task of conceptualizing our contemporary world of standardized time, computers, nuclear power and global telecommunications.
Download or read book Constitutionalism and a Right to Effective Government written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary volume highlights the crucial role of effective government in sustaining democratic constitutionalism. In each chapter, leaders in the fields of constitutional law and politics provide innovative analyses of the relationships between effective government and democratic constitutionalism, its principles, and its institutions.
Download or read book Law Populism and the Political in Central and Eastern Europe written by Rafał Mańko and published by Taylor & Francis. This book was released on 2023-12-05 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the variety of right-wing illiberal populism which has emerged in Central and Eastern Europe (CEE). Against the backdrop of weak institutional traditions, frequent and profound transformations, and deep historical traumas affecting the law, politics, economy and society in the region, the book critically examines the entanglements of legality in the region’s transformation from state socialism to neoliberalism and Western-style democracy. Drawing on critical legal theory, as well as legal history, legal theory, sociology of law, history of ideas, anthropology of law, comparative law, and constitutional theory, the book goes beyond conventional analyses to offer an in-depth account of this important contemporary phenomenon. This book will be of interest to legal researchers, especially of a critical or socio-legal perspective, political scientists, sociologists and (legal) historians, as well as policy makers seeking to understand the regional specificity and deeper roots of Central and Eastern European illiberal populism.
Download or read book Postcolonial Legality Law Power and Politics in Zambia written by Jeremy Gould and published by Taylor & Francis. This book was released on 2023-03-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.
Download or read book Judicializing Everything written by Mark S. Harding and published by University of Toronto Press. This book was released on 2022 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.
Download or read book Building the Constitution written by James Fowkes and published by Cambridge University Press. This book was released on 2016-12-15 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Download or read book Law Politics and the Judicial Process in Canada written by Frederick Lee Morton and published by University of Calgary Press. This book was released on 2002 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. Law, Politics and the Judicial Process in Canada features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.
Download or read book Founding Moments in Constitutionalism written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.
Download or read book Abortion Politics written by Ziad Munson and published by John Wiley & Sons. This book was released on 2018-05-21 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.
Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.
Download or read book Assisted Reproduction Policy in Canada written by Dave Snow and published by University of Toronto Press. This book was released on 2018-08-24 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has undergone a revolution in assisted reproduction, as processes such as in vitro fertilization, embryonic screening, and surrogacy have become commonplace. Yet when governments attempt to regulate this field, they have not always been successful. Canada is a case in point: six years after the federal government created comprehensive legislation, the Supreme Court of Canada struck it down for violating provincial authority over health. In Assisted Reproduction Policy in Canada, Dave Snow provides the first historical exploration of Canadian assisted reproduction policy, from the 1989 creation of the Royal Commission on New Reproductive Technologies to the present day. Snow argues the federal government’s policy failure can be traced to its contradictory "policy framing," which sent mixed messages about the purposes of the legislation. In light of the federal government’s diminished role, Snow examines how other institutions have made policy in this emerging field. Snow finds provincial governments, medical organizations, and even courts have engaged in considerable policymaking, particularly with respect to surrogacy, parentage, and clinical intervention. The result—a complex field of overlapping and often conflicting policies—paints a fascinating portrait of different political actors and institutions working together. Accessibly written yet comprehensive in scope, Assisted Reproduction Policy in Canada highlights how paying attention to multiple policymakers can improve our knowledge of health care regulation.
Download or read book Post apartheid Fragments written by Wessel le Roux and published by BRILL. This book was released on 2008-07-23 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Against Post Liberal Courts and Justice written by Lesley A. Jacobs and published by Springer Nature. This book was released on 2024-01-28 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.
