the cosmopolitan state oxford constitutional theory

Download Book The Cosmopolitan State Oxford Constitutional Theory in PDF format. You can Read Online The Cosmopolitan State Oxford Constitutional Theory here in PDF, EPUB, Mobi or Docx formats.

The Cosmopolitan State

Author : H Patrick Glenn
ISBN : 9780199682423
Genre : Law
File Size : 24. 76 MB
Format : PDF, ePub
Download : 250
Read : 1046

Download Now


The idea of the 'nation-state' has failed, Glenn argues, and a major shift in our understanding of the state is needed. He provides an original approach by situating cosmopolitanism in its historical context and demonstrating that the state is necessarily cosmopolitan in character, and has always been subject to transnational law-making.

The Cosmopolitan Constitution

Author : Alexander Somek
ISBN : 9780199651535
Genre : Political Science
File Size : 35. 44 MB
Format : PDF, ePub, Docs
Download : 286
Read : 534

Download Now


This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.

Europe S Functional Constitution

Author : Turkuler Isiksel
ISBN : 9780198759072
Genre :
File Size : 61. 81 MB
Format : PDF, Mobi
Download : 755
Read : 1153

Download Now


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.

Constitutionalism

Author : Dieter Grimm
ISBN : 9780198766124
Genre :
File Size : 40. 70 MB
Format : PDF, ePub
Download : 223
Read : 1275

Download Now


Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Constitutional Courts And Deliberative Democracy

Author : Conrado Mendes
ISBN : 9780199670451
Genre : Law
File Size : 59. 23 MB
Format : PDF, ePub, Docs
Download : 844
Read : 874

Download Now


It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.

Post Sovereign Constitutional Making

Author : Andrew Arato
ISBN : 9780198755982
Genre :
File Size : 58. 95 MB
Format : PDF, Docs
Download : 296
Read : 452

Download Now


Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

Popular Sovereignty In Early Modern Constitutional Thought

Author : Daniel Lee
ISBN : 9780198745167
Genre :
File Size : 53. 46 MB
Format : PDF, Kindle
Download : 411
Read : 377

Download Now


Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Top Download:

Best Books