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Sovereignty

Author: Dieter Grimm

Publisher: Columbia University Press

Published: 2015-04-21

Total Pages: 186

ISBN-13: 0231539304

Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

Dieter Grimm

Author: Dieter Grimm

Publisher: Oxford University Press

Published: 2020-09-29

Total Pages: 319

ISBN-13: 0192583972

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Dieter Grimm is one of the foremost scholars of constitutional law, constitutional theory, and European law in Germany and worldwide. His jurisprudential writings have found a large English-language audience in works such as Constitutionalism: Past, Present, and Future and The Constitution of European Democracy. This book is a conversation between Grimm and three scholars of constitutional law - Oliver Lepsius, Christian Waldhoff, and Matthias Rossbach - on his background, his childhood under the Nazi regime and the ruins of post-war Germany, his education in Germany, France, and the United States, his academic achievements, the main subjects of his research, his experience as a judge on a leading constitutional court (especially in the time of pivotal changes in the world after the fall of the Berlin Wall), and his views on actual challenges for law and society. Grimm also speaks about his attitude toward European integration where he is best known for his thesis that one of the biggest but least noticed causes for the lack of democratic legitimacy of the EU is its 'over-constitutionalization'. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication that the reader would not find in legal textbooks or treatises. The Times Literary Supplement, reviewing the German edition, stated: "For anyone wishing to understand the respect for the rule of law in modern Germany, this book is highly recommended."

Constitutionalism

Author: Dieter Grimm

Publisher: Oxford University Press

Published: 2016-09-08

Total Pages: 401

ISBN-13: 0191090956

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Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

The Constitution of European Democracy

Author: Dieter Grimm

Publisher: Oxford University Press

Published: 2017

Total Pages: 273

ISBN-13: 0198805128

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This book highlights Europe's democracy problem. The common argument throughout is that the European Union has become over-constitutionalized, and Grimm makes recommendations for solving this. Grimm also outlines the EU's legitimacy deficit and the proposed remedy of 'parliamentarization'.

Dieter Grimm

Author: Dieter Grimm

Publisher:

Published: 2020

Total Pages: 225

ISBN-13: 0198845278

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Dieter Grimm is one of Germany's foremost scholars of constitutional law and theory with a high international reputation and an exceptional career. In this biographical interview, Grimm gives insights into his experience and shares background information that cannot be found in legal textbooks or treatises.

The Oxford Handbook of Comparative Constitutional Law

Author: Michel Rosenfeld

Publisher: OUP Oxford

Published: 2012-05-17

Total Pages: 1416

ISBN-13: 0191640166

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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Constitutional Crowdsourcing

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.

How to Save a Constitutional Democracy

Author: Tom Ginsburg

Publisher: University of Chicago Press

Published: 2018-10-05

Total Pages: 306

ISBN-13: 022656438X

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Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.