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Author: Joel I. Colon-Rios
Publisher:
Published: 2020
Total Pages: 353
ISBN-13: 0198785984
DOWNLOAD EBOOK →This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
Published: 2020-08-18
Total Pages: 272
ISBN-13: 147445500X
DOWNLOAD EBOOK →With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
Published: 2020-05-21
Total Pages: 279
ISBN-13: 110848543X
DOWNLOAD EBOOK →Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.
Author: Andrew Arato
Publisher: Cambridge University Press
Published: 2017-11-30
Total Pages: 483
ISBN-13: 1107126797
DOWNLOAD EBOOK →This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
Author: Héctor López Bofill
Publisher: Routledge
Published: 2023-01-09
Total Pages: 0
ISBN-13: 9780367516734
DOWNLOAD EBOOK →This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. It will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Author: Markus Patberg
Publisher: Oxford University Press, USA
Published: 2021-01-03
Total Pages: 273
ISBN-13: 0198845219
DOWNLOAD EBOOK →This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Author: Illan Wall
Publisher: Routledge
Published: 2013-03
Total Pages: 207
ISBN-13: 1136644148
DOWNLOAD EBOOK →Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of 'right-ing'.
Author: Martin Loughlin
Publisher: OUP Oxford
Published: 2008-08-28
Total Pages: 386
ISBN-13: 9780199552207
DOWNLOAD EBOOK →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 representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Author: Geneviève Nootens
Publisher: Routledge
Published: 2021-12-30
Total Pages: 211
ISBN-13: 1000520854
DOWNLOAD EBOOK →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.
Author: Héctor López Bofill
Publisher: Routledge
Published: 2021-05-30
Total Pages: 192
ISBN-13: 1000393844
DOWNLOAD EBOOK →This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
