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Cosmic Constitutional Theory

2012-03-12 Law
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Release : 2012-03-12
Genre : Law
Kind : eBook
Book Rating : 014/5 ( reviews)

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Book Synopsis Cosmic Constitutional Theory by : J. Harvie Wilkinson

Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson. This book was released on 2012-03-12. Available in PDF, EPUB and Kindle. Book excerpt: 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

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 07X/5 ( reviews)

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Book Synopsis Europe's Functional Constitution by : Turkuler Isiksel

Download or read book Europe's Functional Constitution written by Turkuler Isiksel. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: 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

2004 Constitutional law
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Release : 2004
Genre : Constitutional law
Kind : eBook
Book Rating : 053/5 ( reviews)

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Book Synopsis Modern Constitutional Theory by : John H. Garvey

Download or read book Modern Constitutional Theory written by John H. Garvey. This book was released on 2004. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Theory

1971 Law
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Release : 1971
Genre : Law
Kind : eBook
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Book Synopsis Constitutional Theory by : Geoffrey Marshall

Download or read book Constitutional Theory written by Geoffrey Marshall. This book was released on 1971. Available in PDF, EPUB and Kindle. Book excerpt: 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 Theory

2008-01-23 Law
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Release : 2008-01-23
Genre : Law
Kind : eBook
Book Rating : 589/5 ( reviews)

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Book Synopsis Constitutional Theory by : Carl Schmitt

Download or read book Constitutional Theory written by Carl Schmitt. This book was released on 2008-01-23. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

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