Cosmic Constitutional Theory

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson

Publisher: OUP USA

Published: 2012-03-12

Total Pages: 174

ISBN-13: 0199846014

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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.


Europe's Functional Constitution

Europe's Functional Constitution

Author: Turkuler Isiksel

Publisher: Oxford University Press

Published: 2016

Total Pages: 305

ISBN-13: 019875907X

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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.


Modern Constitutional Theory

Modern Constitutional Theory

Author: John H. Garvey

Publisher: West Academic Publishing

Published: 2004

Total Pages: 0

ISBN-13: 9780314149053

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This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.


The Constitutional State

The Constitutional State

Author: N. W. Barber

Publisher: OUP Oxford

Published: 2012-09-27

Total Pages: 384

ISBN-13: 0191637254

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The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.


The Hollow Core of Constitutional Theory

The Hollow Core of Constitutional Theory

Author: Donald L. Drakeman

Publisher: Cambridge University Press

Published: 2021-04-08

Total Pages: 247

ISBN-13: 1108485286

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The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.


Constitutional Theory

Constitutional Theory

Author: Geoffrey Marshall

Publisher:

Published: 1971

Total Pages: 256

ISBN-13:

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This book examines the nature and role of the many conventions which, rather than laws, are instrumental in determining many important questions of Government behaviour in Britain and other Commonwealth countries.


Constitutional Fate

Constitutional Fate

Author: Philip Bobbitt

Publisher: Oxford University Press

Published: 1984-03-15

Total Pages: 298

ISBN-13: 0199878587

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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.


Comparative Constitutional Theory

Comparative Constitutional Theory

Author: Gary Jacobsohn

Publisher: Edward Elgar Publishing

Published: 2018-02-23

Total Pages: 549

ISBN-13: 1784719137

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The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.


Constitutional Interpretation

Constitutional Interpretation

Author: Keith E. Whittington

Publisher:

Published: 1999

Total Pages: 328

ISBN-13:

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With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.


Constitutional Theory: Schmitt After Derrida

Constitutional Theory: Schmitt After Derrida

Author: Jacques de Ville

Publisher: Taylor & Francis

Published: 2017-04-21

Total Pages: 231

ISBN-13: 1351866400

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Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index