Download or read book The Political Theory of the Constitution written by Kenneth W. Thompson and published by . This book was released on 1990 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally prepared as lectures arranged by the Miller Center.
Download or read book Constitutions and Political Theory written by Jan-Erik Lane and published by Manchester University Press. This book was released on 1996 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Political Theory of a Compound Republic written by Vincent Ostrom and published by Lexington Books. This book was released on 2007-11-29 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Political Theory of a Compound Republic written by Vincent Ostrom and published by . This book was released on 1987 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Preface to American Political Theory written by Donald S. Lutz and published by University Press of Kansas. This book was released on 1992-09-03 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donald Lutz begins A Preface to American Political Theory by explaining what the book doesn't do. It doesn't begin with a panegyric to the American founding. It doesn't answer the following questions: "What are the basic principles in the U.S. Constitution? What were the intentions of the founders with respect to (fill in your own topic)? What is the meaning of pluralism, or separation of powers, or democracy, or (fill in your own concept)?" In short, it doesn't provide an overview of the content, development, or major conclusions of American political theory. What it does do is provide "a pre-theoretical analysis of how to go about studying questions like the ones above-how to conceptualize the project, how to proceed in looking for answers, how to avoid the logical traps peculiar to the study of American political theory." Lutz sets out to emancipate American political theorists from empiricism and inappropriate European theories and methadologies. The end result is to establish the foundation for the systematic study of American behavior, institutions, and ideas; to provide a general introduction to the study of American political theory; and to illustrate how textual analysis, history, empirical research, and analytic philosophy are all part of the enterprise. Designed for students and scholars in all disciplines, including political science, history, and legal studies, A Preface to American Political Theory doesn't provide answers to central continuing issues in American political theory. Rather, it provides an effective, sophisticated entree into the study of American political theory. Readers will be armed with the intellectual tools to engage in systematic study and makes them aware of the pitfalls they will inevitably encounter.
Download or read book Constitutional and Political Theory written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2017 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this representative edition of Ernst-Wolfgang Bockenforde'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 federal constitutional court.
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
Download or read book Democratic Theories and the Constitution written by Martin Edelman and published by State University of New York Press. This book was released on 1985-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.
Download or read book Political Political Theory written by Jeremy Waldron and published by Harvard University Press. This book was released on 2016-03-07 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.
Download or read book The Political Theory of the American Founding written by Thomas G. West and published by Cambridge University Press. This book was released on 2017-04-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a complete overview of the Founders' natural rights theory and its policy implications.
Download or read book Politics Democracy and the Supreme Court written by Arthur Selwyn Miller and published by Praeger. This book was released on 1985-09-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Madison s Metronome written by Greg Weiner and published by University Press of Kansas. This book was released on 2019-08-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of national crises and sharp shifts in the electorate, new members of Congress march off to Washington full of intense idealism and the desire for instant change—but often lacking in any sense of proportion or patience. This drive for instant political gratification concerned one of the key Founders, James Madison, who accepted the inevitability of majority rule but worried that an inflamed majority might not rule reasonably. Greg Weiner challenges longstanding suppositions that Madison harbored misgivings about majority rule, arguing instead that he viewed constitutional institutions as delaying mechanisms to postpone decisions until after public passions had cooled and reason took hold. In effect, Madison believed that one of the Constitution's primary functions is to act as a metronome, regulating the tempo of American politics. Weiner calls this implicit doctrine "temporal republicanism" to emphasize both its compatibility with and its contrast to other interpretations of the Founders' thought. Like civic republicanism, the "temporal" variety embodies a set of values—public-spiritedness, respect for the rights of others—broader than the technical device of majority rule. Exploring this fundamental idea of time-seasoned majority rule across the entire range of Madison's long career, Weiner shows that it did not substantially change over the course of his life. He presents Madison's understanding of internal constitutional checks and his famous "extended republic" argument as different and complementary mechanisms for improving majority rule by slowing it down, not blocking it. And he reveals that the changes we see in Madison's views of majority rule arise largely from his evolving beliefs about who, exactly, was behaving impulsively-whether abusive majorities in the 1780s, the Adams regime in the 1790s, the nullifiers in the 1820s. Yet there is no evidence that Madison's underlying beliefs about either majority rule or the distorting and transient nature of passions ever swayed. If patience was a fact of life in Madison's day—a time when communication and travel were slow-it surely is much harder to cultivate in the age of the Internet, 24-hour news, and politics based on instant gratification. While many of today's politicians seem to wed supreme impatience with an avowed devotion to original constitutional principles, Madison's Metronome suggests that one of our nation's great luminaries would likely view that marriage with caution.
Download or read book Liberty State Union written by Luigi Marco Bassani and published by Mercer University Press. This book was released on 2010 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the political ideals of Thomas Jefferson, discussing his views on the rights of man and state's rights, and describing the political theory that guided Jefferson's decisions as the nation's third president.
Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Download or read book Political Theory and the European Constitution written by Lynn Dobson and published by Routledge. This book was released on 2004-08-02 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.
