New Constitutional Horizons

New Constitutional Horizons PDF

Author: Cormac S. Mac Amhlaigh

Publisher: Oxford University Press

Published: 2022-03-21

Total Pages: 257

ISBN-13: 0192593463

DOWNLOAD EBOOK →

We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the affairs of the same sets of individuals and institutions. Yet our constitutional theories fail to adequately capture this pluralist state of affairs. This book examines some of the key conceptual and theoretical puzzles which the contemporary state of multilevel pluralism poses for our constitutional theories. It offers fresh perspectives on these questions by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy respectively, proposing novel solutions for pluralizing constitutional theory in the light of contemporary multilevel governance. Our turbulent times are on a steady trajectory of ever-more pluralism of law and governance to tackle the defining social and political problems of our age including populism, pandemic, and climate change and this book provides an essential intervention in debates on how to pluralize constitutional theory to better understand and, perhaps more importantly, legitimize the tools to address these increasingly shared problems.

New Constitutional Horizons

New Constitutional Horizons PDF

Author: Cormac Mac Amhlaigh

Publisher: Oxford University Press

Published: 2022

Total Pages: 257

ISBN-13: 0198852339

DOWNLOAD EBOOK →

This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.

Transformative Constitutionalism in Latin America

Transformative Constitutionalism in Latin America PDF

Author: Armin von Bogdandy

Publisher: Oxford University Press

Published: 2017-06-16

Total Pages: 448

ISBN-13: 0192515462

DOWNLOAD EBOOK →

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Conservatives and the Constitution

Conservatives and the Constitution PDF

Author: Ken I. Kersch

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 431

ISBN-13: 0521193109

DOWNLOAD EBOOK →

Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

The Cultural Defense of Nations

The Cultural Defense of Nations PDF

Author: Liav Orgad

Publisher: Oxford University Press

Published: 2015

Total Pages: 305

ISBN-13: 019966868X

DOWNLOAD EBOOK →

Addressing one of the greatest challenges facing liberalism today, this book asks if is it legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

Beyond Origins

Beyond Origins PDF

Author: Angélica Maria Bernal

Publisher: Oxford University Press

Published: 2017

Total Pages: 289

ISBN-13: 0190494220

DOWNLOAD EBOOK →

"From classical stories of divine lawgivers to contemporary ones of Founding Fathers and constitutional beginnings, foundings have long been synonymous with singular, extraordinary moments of political origin and creation. In constitutional democracies, this common view is particularly attractive, with original founding events, actors, and ideals invoked time and again in everyday politics as well as in times of crisis to remake the state and unify citizens. Beyond Origins challenges this view of foundings, explaining how it is ultimately dangerous, misguided, and unsustainable. Engaging with cases of founding through a series of “travels” across political traditions and historical time, this book evaluates the uses and abuses of this view to expose in its links among foundings, origins, and authority a troubling political foundationalism. It argues that by ascribing to foundings a universally binding, unifying, and transcendent authority, the common view works to obscure the fraught political struggles involved in actual foundings and refoundings. In the wake of this challenge, the book develops an alternate approach. Centered on a political view of foundings, this framework recasts foundations as far from authoritatively settled or grounded and redefines foundings as contentious, uncertain, and incomplete. It looks to actors whose complicated relations to pure origins both reveal and capitalize on the underauthorized and contingent nature of foundations to enact foundational change. By examining such actors--from Haitian revolutionaries to Latin American presidents and social movements--the book prods a reconsideration of foundings on different terms: as a contestatory, ongoing dimension of political life." (ed.).

Comparative Constitutional Studies

Comparative Constitutional Studies PDF

Author: Günter Frankenberg

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781782548973

DOWNLOAD EBOOK →

"Every constitution has an interesting story to tell, and for this book [the author] has selected...examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories. This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and [the author's] interdisciplinary approach serves as an...introduction to a new transnational conversation in comparative constitutional law."--

Interpreting Constitutions

Interpreting Constitutions PDF

Author: Jeffrey Goldsworthy

Publisher: Oxford University Press

Published: 2006-02-09

Total Pages: 372

ISBN-13: 0199274134

DOWNLOAD EBOOK →

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

The Politically Incorrect Guide to the Constitution

The Politically Incorrect Guide to the Constitution PDF

Author: Kevin Gutzman

Publisher: Simon and Schuster

Published: 2007-06-11

Total Pages: 258

ISBN-13: 1596986182

DOWNLOAD EBOOK →

The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide(tm) to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies.

The Global South and Comparative Constitutional Law

The Global South and Comparative Constitutional Law PDF

Author: Philipp Dann

Publisher: Oxford University Press

Published: 2020-10-30

Total Pages: 321

ISBN-13: 0192590758

DOWNLOAD EBOOK →

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.