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The Methodology of Constitutional Theory

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Release : 2022-02-24
Genre : Law
Kind : eBook
Book Rating : 867/5 ( reviews)

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Book Synopsis The Methodology of Constitutional Theory by : Dimitrios Kyritsis

Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis. This book was released on 2022-02-24. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.

Comparative Constitutional Theory

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Release : 2018-02-23
Genre : Law
Kind : eBook
Book Rating : 137/5 ( reviews)

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Book Synopsis Comparative Constitutional Theory by : Gary Jacobsohn

Download or read book Comparative Constitutional Theory written by Gary Jacobsohn. This book was released on 2018-02-23. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

The Challenge of Originalism

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Release : 2011-09-12
Genre : Law
Kind : eBook
Book Rating : 130/5 ( reviews)

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Book Synopsis The Challenge of Originalism by : Grant Huscroft

Download or read book The Challenge of Originalism written by Grant Huscroft. This book was released on 2011-09-12. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

Selected Theories of Constitutional Interpretation

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Book Rating : 878/5 ( reviews)

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Book Synopsis Selected Theories of Constitutional Interpretation by :

Download or read book Selected Theories of Constitutional Interpretation written by . This book was released on . Available in PDF, EPUB and Kindle. Book excerpt:

Cosmic Constitutional Theory

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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.

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