Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Download or read book Comparative Constitutional Theory written by Gary Jacobsohn and published by Edward Elgar Publishing. This book was released on 2018 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.
Download or read book The Challenge of Originalism written by Grant Huscroft and published by Cambridge University Press. This book was released on 2011-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.
Download or read book Constitutional Theory written by Michael J. Gerhardt and published by Michie. This book was released on 1993 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Constitutional Theory written by John H. Garvey and published by West Publishing Company. This book was released on 1999 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Carl Schmitt s State and Constitutional Theory written by Benjamin Schupmann and published by Oxford University Press. This book was released on 2017-11-17 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Federal Contract written by Professor of Constitutional Theory Stephen Tierney and published by Oxford University Press. This book was released on 2022-06-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring as it does the core meaning, purpose and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which in turn requires a particular, 'territorialised' approach to many of the fundamental concepts with which constitutionalists and political actors operate: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change and, ultimately, the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories that characterise the nature of modern constitutionalism: foundations, authority, subjecthood, purpose, design and dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety that characterises so many states in the 21st century.
Download or read book The Rule of Recognition and the U S Constitution written by Matthew Adler and published by Oxford University Press. This book was released on 2009-07-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
Download or read book Deliberation and Decision written by Anne van Aaken and published by Routledge. This book was released on 2017-03-02 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deliberation and Decision explores ways of bridging the gap between two rival approaches to theorizing about democratic institutions: constitutional economics on the one hand and deliberative democracy on the other. The two approaches offer very different accounts of the functioning and legitimacy of democratic institutions. Although both highlight the importance of democratic consent, their accounts of such consent could hardly be more different. Constitutional economics models individuals as self-interested rational utility maximizers and uses economic efficiency criteria such as incentive compatibility for evaluating institutions. Deliberative democracy models individuals as communicating subjects capable of engaging in democratic discourse. The two approaches are disjointed not only in terms of their assumptions and methodology but also in terms of the communication - or lack thereof - between their respective communities of researchers. This book provides a comprehensive overview of the recent debate between the two approaches and makes new and original contributions to that debate.
Download or read book Constitutional Theory written by Carl Schmitt and published by Duke University Press. This book was released on 2008-01-23 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Where Our Protection Lies written by Dimitrios Kyritsis and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should courts be able to scrutinise primary legislation for its compatibility with human rights? Focusing on the value of the separation of powers, Dimitrios Kyritsis offers an innovative discussion of the role of constitutional courts and the scope of judicial review, and a normative theory of the constitutional review of legislative action.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Download or read book Words That Bind written by John Arthur and published by Routledge. This book was released on 2018-02-12 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
