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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: 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: 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: Bogusia Puchalska
Publisher: Routledge
Published: 2016-05-06
Total Pages: 184
ISBN-13: 1317104986
DOWNLOAD EBOOK →In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Author: Xenophon Contiades
Publisher: Routledge
Published: 2020-06-11
Total Pages: 469
ISBN-13: 1351020978
DOWNLOAD EBOOK →Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Lynn Dobson
Publisher: Routledge
Published: 2004-08-02
Total Pages: 256
ISBN-13: 1134297041
DOWNLOAD EBOOK →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.
Author: John G. Oates
Publisher: Routledge
Published: 2020-02-10
Total Pages: 237
ISBN-13: 1000028372
DOWNLOAD EBOOK →This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
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: Martin Loughlin
Publisher: Oxford University Press, USA
Published: 2007
Total Pages: 400
ISBN-13:
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 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.
