The Principles of Constitutionalism

The Principles of Constitutionalism

Author: N. W. Barber

Publisher: Oxford University Press

Published: 2018-07-25

Total Pages: 417

ISBN-13: 0192535684

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In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.


Principles of Constitutional Design

Principles of Constitutional Design

Author: Donald S. Lutz

Publisher: Cambridge University Press

Published: 2006-08-28

Total Pages: 251

ISBN-13: 1139460552

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This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.


American Citizenship and Constitutionalism in Principle and Practice

American Citizenship and Constitutionalism in Principle and Practice

Author: Steven F. Pittz

Publisher: University of Oklahoma Press

Published: 2022-01-13

Total Pages: 372

ISBN-13: 0806190426

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Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.


The Constitutional State

The Constitutional State

Author: N. W. Barber

Publisher: OUP Oxford

Published: 2012-09-27

Total Pages: 224

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.


Expounding the Constitution

Expounding the Constitution

Author: Grant Huscroft

Publisher: Cambridge University Press

Published: 2008-04-21

Total Pages: 332

ISBN-13: 9780521887410

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What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.


Constitutionalism

Constitutionalism

Author: Charles Howard McIlwain

Publisher: The Lawbook Exchange, Ltd.

Published: 2005

Total Pages: 172

ISBN-13: 1584775505

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Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.


Common Good Constitutionalism

Common Good Constitutionalism

Author: Adrian Vermeule

Publisher: John Wiley & Sons

Published: 2022-02-08

Total Pages: 171

ISBN-13: 1509548882

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The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.


The New Constitutional Law of Kenya. Principles, Government and Human Rights

The New Constitutional Law of Kenya. Principles, Government and Human Rights

Author: Kiwinda Mbondenyi

Publisher: African Books Collective

Published: 2012-12-29

Total Pages: 268

ISBN-13: 9966031901

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The golden thread that cuts across the various chapters of the book is the emphasis that good constitutions anchor certain tenets that have garnered recognition as hallmarks of democratic dispensation. These hallmarks include the concept of separation of powers; the doctrine of the rule of law; constitutionalism and human rights. These attributes have largely been secured by the 2010 Constitution. Thus, this book is expected to contribute to this new promise by making knowledge on the Constitution accessible through breaking down and contextualising its provisions. It is certain to be useful to law and government students, lawyers, researchers and other persons who seek to understand the new constitutional order.