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Author: Joel I. Colon-Rios
Publisher:
Published: 2020
Total Pages: 353
ISBN-13: 0198785984
DOWNLOAD EBOOKThis 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 EBOOKWith 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: 1108618553
DOWNLOAD EBOOKFrom the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.
Author: Andrew Arato
Publisher: Cambridge University Press
Published: 2017-11-30
Total Pages: 483
ISBN-13: 1107126797
DOWNLOAD EBOOKThis 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: 2021-05-30
Total Pages: 192
ISBN-13: 1000393844
DOWNLOAD EBOOKThis 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.
Author: Martin Loughlin
Publisher:
Published: 2007
Total Pages: 375
ISBN-13:
DOWNLOAD EBOOKIn 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: Markus Patberg
Publisher: Oxford University Press, USA
Published: 2021-01-03
Total Pages: 273
ISBN-13: 0198845219
DOWNLOAD EBOOKThis 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: Joel I. Colon-Rios
Publisher: Routledge
Published: 2012
Total Pages: 222
ISBN-13: 0415671906
DOWNLOAD EBOOKIt has been argued that democracy is protected and realized under traditional liberal constitutional forms through constitutional rights such as free speech, freedom of association and the right to vote. This book looks at the relationship between democracy and constitutions.
Author: John G. Oates
Publisher: Routledge
Published: 2020-02-10
Total Pages: 242
ISBN-13: 1000028372
DOWNLOAD EBOOKThis 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: Abat i Ninet, Antoni
Publisher: Edward Elgar Publishing
Published: 2021-11-23
Total Pages: 192
ISBN-13: 1786430517
DOWNLOAD EBOOKConceptualising 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.
