Constituent power in the european union, Patberg, Markus (research Fellow In Political Theory, Research Fellow In Political Theory, University Of Hamburg)
Автор: Irving Helen Название: To Constitute a Nation: A Cultural History of Australia`s Constitution ISBN: 0521668972 ISBN-13(EAN): 9780521668972 Издательство: Cambridge Academ Рейтинг: Цена: 35890.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this imaginative and resonant 1997 book, Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. Irving analyses the Constitutional Convention and considers its significance for Australia`s future.
Автор: Jon Elster, Roberto Gargarella, Vatsal Naresh, Bjorn Erik Rasch Название: Constituent Assemblies ISBN: 1108427529 ISBN-13(EAN): 9781108427524 Издательство: Cambridge Academ Рейтинг: Цена: 109830.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: From the eighteenth century to the present, constituent assemblies have shaped the framework of politics. They differ from ordinary legislatures in that the stakes are higher, and that decisions are shaped by interests, ideology, and also by passions. The contributions in this book range from case studies to comparative analyses and theoretical arguments.
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate?
This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
Автор: Joel Colon-Rios Название: Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power ISBN: 0415741483 ISBN-13(EAN): 9780415741484 Издательство: Taylor&Francis Рейтинг: Цена: 57150.00 T Наличие на складе: Невозможна поставка. Описание: It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
Автор: Frost, Catherine Название: Language, Democracy and the Paradox of Constituent Power ISBN: 1138606863 ISBN-13(EAN): 9781138606869 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Невозможна поставка. Описание: Beginning with the founding speech in the American Declaration, Catherine Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed.
Автор: Colon-rios, Joel (associate Professor Of Law, Associate Professor Of Law, Victoria University Of Wellington) Название: Constituent power and the law ISBN: 0198785984 ISBN-13(EAN): 9780198785989 Издательство: Oxford Academ Рейтинг: Цена: 116160.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This 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.
Автор: Frost, Catherine Название: Language, Democracy and the Paradox of Constituent Power ISBN: 1138606871 ISBN-13(EAN): 9781138606876 Издательство: Taylor&Francis Рейтинг: Цена: 40820.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Beginning with the founding speech in the American Declaration, Catherine Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed.
Автор: Ulrich Haltern Название: The Constitution of the European Union: A Contextual Analysis ISBN: 1782257470 ISBN-13(EAN): 9781782257479 Издательство: Bloomsbury Academic Рейтинг: Цена: 26390.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.
Автор: Charles O. Oyaya, Nana K. Poku Название: The Making of the Constitution of Kenya ISBN: 1472474562 ISBN-13(EAN): 9781472474568 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making and governance in Kenya and the lessons that can be learned for others on the continent. It gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic constitutional order in Africa.
Автор: Beaumont, Elizabeth Название: The Civic Constitution ISBN: 0190692553 ISBN-13(EAN): 9780190692551 Издательство: Oxford Academ Рейтинг: Цена: 25330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution and its relations to citizens and social movements. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of `civic founders` who worked to reinvent the constitutional order.
Автор: Clark T. Название: The Supreme Court ISBN: 1108436935 ISBN-13(EAN): 9781108436939 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book presents a quantitative history of constitutional law in the United States and uses a statistical model of law to bring together humanistic and social-scientific perspectives on legal history.
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