Riddle of all constitutions, Marks, Susan (university Of Cambridge)
Автор: Tyulkina Название: Militant Democracy ISBN: 113801642X ISBN-13(EAN): 9781138016422 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.
This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers.
In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Автор: Tyulkina Название: Militant Democracy ISBN: 113828159X ISBN-13(EAN): 9781138281592 Издательство: Taylor&Francis Рейтинг: Цена: 48990.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarship and constitutional practice so as to provide democracy with legal means to defend itself against the range of possible activities of non-democratic political actors.
This book offers a broad comparative look at the legal concept of militant democracy. It analyses both theoretical and substantive aspects of this concept, investigating its practice in a number of countries and on a diverse array of issues. Examining cases in Australia, Turkey, Spain, Germany, Israel, India, the USA, and the Council of Europe, Svetlana Tyulkina maps the historical development of militant democracy in constitutional theory and explores its interaction with various traditional and contemporary notions of democracy. The book analyses the possibilities and pitfalls of the concept of militant democracy when applied to protect democracy when it is under threat of harm or destruction by undemocratic actors, and suggests possible solutions and measures to overcome those dangers.
In its evaluation of the capacity and justification for democracies to apply militant democracy measures, this book will be of great use and interest to students and scholars of public comparative constitutional law, international law, human rights law, and comparative politics.
Автор: Contiades Название: Constitutions in the Global Financial Crisis ISBN: 113825570X ISBN-13(EAN): 9781138255708 Издательство: Taylor&Francis Рейтинг: Цена: 53070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book is the first to address the multi-faceted influence of the global financial crisis on the national constitutions of the countries most affected. By tracing the impact of the crisis on formal and informal constitutional change, sovereignty issues, fundamental rights protection, regulatory reforms, jurisprudence, the augmentation of executive power, and changes in the party system it addresses all areas of the current constitutional law dialogue and aims to become a reference book with regard to the interaction between financial crises and constitutions. The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution. The volume’s extensive comparative chapter pins down distinct constitutional reactions towards the financial crisis, building an explanatory theory that accounts for the different ways constitutions responded to the crisis. How and why constitutions formed their reactions in the face of the financial crisis unravels throughout the book.
Автор: Wright Matthew D. Название: A Vindication of Politics: On the Common Good and Human Flourishing ISBN: 0700627553 ISBN-13(EAN): 9780700627554 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 45970.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Is politics strictly a means to an end—something that serves only the interests of individuals and the various associations of civil society such as families and charities? Or is a society's political common good an end in itself, an essential component of full human flourishing? Responding to recent influential arguments for the instrumentality of the political common good, Matthew D. Wright's A Vindication of Politics addresses a lacuna in natural law political theory by foregrounding the significance of political culture. Rather than an activity defined by law and government, politics emerges in this account as a cultural enterprise that connects generations and ennobles our common life.The instrumentalist argument, in Wright's view, does not give a plausible account of, among other things, the value of patriotism—of the way Americans revere the Founders, for instance, or love the Declaration of Independence, or idolize Abraham Lincoln. Such political affections cannot be explained by an instrumental common good. Loyalty to one's country is not like a commitment to a telephone company. As nasty as politics can be, we hope for more from it than the quid pro quo of a business transaction. To arrive at an adequate theoretical account of why that is, Wright brings historical theory from Aristotle to Burke into conversation with contemporary theorists from John Finnis to Amy Gutmann. In A Vindication of Politics he develops a case for the intrinsic value of politics in a way that underwrites a healthy patriotism—and strongly suggests that the political common good is a critical part of what it means to be fully human.The book offers new insight into the nature of the political common good and human sociability as well as their importance for making sense of the fundamental questions of American constitutional identity, principles, and aspirations.
Название: Law and legitimacy of imposed constitutions ISBN: 1138488984 ISBN-13(EAN): 9781138488984 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making.
Автор: Corrales, Javier (professor Of Political Science, Название: Fixing democracy ISBN: 0190868902 ISBN-13(EAN): 9780190868901 Издательство: Oxford Academ Рейтинг: Цена: 31670.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In a comprehensive reviews of constitutional change in Latin America, Fixing Democracy argues that the strongest predictor of whether a new constitution will expand or restrict presidential powers is power asymmetry, or more specifically, the distance between Incumbent and Opposition forces at the negotiating table.
Автор: Maistre, Joseph De Название: Generative principle of political constitutions ISBN: 1412842654 ISBN-13(EAN): 9781412842655 Издательство: Taylor&Francis Рейтинг: Цена: 48990.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Joseph de Maistre had no doubt that the root causes of the French Revolution were intellectual and ideological
Автор: Metelska-szaniawska, Katarzyna Название: Economic effects of post-socialist constitutions 25 years from the outset of transition ISBN: 3631669534 ISBN-13(EAN): 9783631669532 Издательство: Peter Lang Рейтинг: Цена: 71900.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book focuses on the nexus between constitutions adopted by post-socialist countries of Europe and Asia after 1989 and economic transition in the region. It takes the perspective of Constitutional Political Economy and argues for the role of constitutions as commitment-enhancing mechanisms for political decision makers in the field of post-socialist economic reforms. For the first time in economic studies of constitutions this book employs the synthetic control method – a novel empirical approach allowing to account for endogeneity and causality issues. The blend of theory (including evolutionary insights) and empirical results allows to formulate recommendations for constitution drafters, emphasizing the role of factual constitutional court independence for successful economic reforms.
Автор: Dawson Richard Название: Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life ISBN: 1138892300 ISBN-13(EAN): 9781138892309 Издательство: Taylor&Francis Рейтинг: Цена: 57150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature,economics,and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.
Available for the first time in a modern and readable edition
Preceding The Federalist by several years, this first volume of John Adams' A Defence of the Constitutions of Government of the United States of America is a profound work of political and governmental theory.
What prompted Adams to write such a remarkable treatise was a letter, a letter exchanged between a French statesman and a Welsh philosopher, between Anne-Robert-Jacques Turgot and Dr. Richard Price. In his letter, Turgot criticized the constitutions of government that several of the American states had adopted since their separation from Great Britain. In Turgot's view, their governments too much resembled the British government, with its king, lords and commons. Turgot advocated a much simpler form of government, a government as democratic as possible, consisting of a single assembly of representatives.
Meanwhile, in America, the Congress established under the Articles of Confederation (a single assembly with little check or balance) was failing as the national government of the United States. And to address the institutional failures of this single-assembly -government, - the several states had appointed delegates to meet in convention at Philadelphia, to devise -a more perfect union.-
Thus, Adams' Defence, published in three volumes beginning in early 1787, could not have been more timely, for in addition to a vigorous defense of the several American constitutions, Adams also provided the Philadelphia delegates with a much-needed reference manual on republican governments.
Inspired by events in Europe and influencing events in America, Adams' extensive work is a partial history of man's eternal struggle to control power, and can serve for all time as a guidebook on the means to keep a people free.
Автор: Contiades Xenophon Название: Constitutions in the Global Financial Crisis ISBN: 1409466310 ISBN-13(EAN): 9781409466314 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The book includes contributions from prominent experts on Greece, Hungary, Iceland, Ireland, Italy, Latvia, Portugal, Spain, the UK, and the USA providing a critical analysis of the effects of the financial crisis on the constitution.
Автор: Goldsworthy, Jeffrey Название: Interpreting Constitutions ISBN: 0199226474 ISBN-13(EAN): 9780199226474 Издательство: Oxford Academ Рейтинг: Цена: 57030.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book describes the constitutions of six major federations and how they have been interpreted by their highest courts. The study compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods, looking to the different social, historical, institutional and political circumstances.
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