Human Rights and Constituent Power

Human Rights and Constituent Power PDF

Author: Illan Wall

Publisher: Routledge

Published: 2013-03

Total Pages: 207

ISBN-13: 1136644148

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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'.

Constituent Power

Constituent Power PDF

Author: Arvidsson Matilda Arvidsson

Publisher: Edinburgh University Press

Published: 2020-08-18

Total Pages: 272

ISBN-13: 147445500X

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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.

Constituent Power and the Law

Constituent Power and the Law PDF

Author: Joel I. Colon-Rios

Publisher:

Published: 2020

Total Pages: 353

ISBN-13: 0198785984

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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.

Law, Violence and Constituent Power

Law, Violence and Constituent Power PDF

Author: Héctor López Bofill

Publisher: Routledge

Published: 2021-05-30

Total Pages: 192

ISBN-13: 1000393844

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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.

Constituent Power and Constitutional Order

Constituent Power and Constitutional Order PDF

Author: M. Spång

Publisher: Springer

Published: 2014-06-25

Total Pages: 202

ISBN-13: 1137383003

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Constituent power of the people is a core concept of modern politics but what does this concept actually mean? This book addresses this question, sketching how constituent power of the people has been conceived since the early modern revolutions.

Negotiating the Power of the People

Negotiating the Power of the People PDF

Author: Lucia Rubinelli

Publisher: Cambridge University Press

Published: 2020-05-21

Total Pages: 279

ISBN-13: 110848543X

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Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.

The Paradox of Constitutionalism

The Paradox of Constitutionalism PDF

Author: Martin Loughlin

Publisher:

Published: 2007

Total Pages: 375

ISBN-13:

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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.

The Adventures of the Constituent Power

The Adventures of the Constituent Power PDF

Author: Andrew Arato

Publisher: Cambridge University Press

Published: 2017-11-30

Total Pages: 483

ISBN-13: 1107126797

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This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

Constitutional Crowdsourcing

Constitutional Crowdsourcing PDF

Author: Abat i Ninet, Antoni

Publisher: Edward Elgar Publishing

Published: 2021-11-23

Total Pages: 192

ISBN-13: 1786430517

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Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

Free to Protest

Free to Protest PDF

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2009

Total Pages: 0

ISBN-13: 9789077596647

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"This book addresses the issue of public demonstrations, looking at the experiences of established democracies (EU member states and USA) and countries in transition. The approach of the book is to cover the problem not as a strictly legal one, but to combine the constitutional and human rights aspects with the historical, political and philosophical dimensions. The recent history of mass protests in democracies and semi-democracies raises a number of concerns. Some of these concerns are related to the proper balance between the right to demonstrate and its impacts on third parties." --Book Jacket.