Constitutional Self Government

Author : Jed Rubenfeld
Publisher : Yale University Press
ISBN 13 : 0300129424
Total Pages : 269 pages
Book Rating : 4.27/5 ( download)

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Download or read book Freedom and Time written by Jed Rubenfeld and published by Yale University Press. This book was released on 2008-10-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should we try to “live in the present”? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that “the earth belongs to the living”—since Freud announced that mental health requires people to “get free of their past”—since Nietzsche declared that the happy man is the man who “leaps” into “the moment—modernity has directed its inhabitants to live in the present, as if there alone could they find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom—human being itself—-necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law’s place in democracy. Democracy, he writes, is not a matter of governance by the present “will of the people” it is a matter of a nation’s laying down and living up to enduring political and legal commitments. Constitutionalism is not counter to democracy, as many believe, or a pre-condition of democracy; it is or should be democracy itself--over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy.

Author : Paul W. Kahn
Publisher : Yale University Press
ISBN 13 : 0300054998
Total Pages : 280 pages
Book Rating : 4.96/5 ( download)

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Download or read book Legitimacy and History written by Paul W. Kahn and published by Yale University Press. This book was released on 1992-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Americans, legitimate government means self-government. In this brilliant and disturbing analysis, Paul W. Kahn shows that the American Constitution itself makes self-government impossible. Constitutional theory, he argues, has been a history of failed attempts to resolve this paradox.

Author : Christopher L. EISGRUBER
Publisher : Harvard University Press
ISBN 13 : 0674034465
Total Pages : 273 pages
Book Rating : 4.64/5 ( download)

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Download or read book Constitutional Self-Government written by Christopher L. EISGRUBER and published by Harvard University Press. This book was released on 2009-06-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author focuses directly on the Constitution's seemingly undemocratic features. He argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy.

Author : Giovanni Boggero
Publisher : BRILL
ISBN 13 : 9004347240
Total Pages : 350 pages
Book Rating : 4.43/5 ( download)

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Download or read book Constitutional Principles of Local Self-Government in Europe written by Giovanni Boggero and published by BRILL. This book was released on 2017-09-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective.

Author : J. Harvie Wilkinson
Publisher : OUP USA
ISBN 13 : 0199846014
Total Pages : 174 pages
Book Rating : 4.16/5 ( download)

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Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. 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.

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817916067
Total Pages : 146 pages
Book Rating : 4.60/5 ( download)

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Download or read book Constitutional Conservatism written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Berkowitz identifies the political principles social conservatives and libertarians share, or should share, and sketches the common ground on which they can and should join forces. Drawing on the writings of Edmund Burke,The Federalist, and the high points of post-World War II American conservatism, he argues that the top political priority for social conservatives and libertarians should be to rally around the principles of liberty embodied in the US Constitution and pursue reform in light of them.

Author : Alexander Meiklejohn
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770872
Total Pages : 126 pages
Book Rating : 4.79/5 ( download)

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Download or read book Free Speech and Its Relation to Self-Government written by Alexander Meiklejohn and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

Author : David Kosař
Publisher : Cambridge University Press
ISBN 13 : 1107112125
Total Pages : 487 pages
Book Rating : 4.24/5 ( download)

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Download or read book Perils of Judicial Self-Government in Transitional Societies written by David Kosař and published by Cambridge University Press. This book was released on 2016-04 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Author : Yash Ghai
Publisher : Cambridge University Press
ISBN 13 : 1107018587
Total Pages : 517 pages
Book Rating : 4.87/5 ( download)

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Download or read book Practising Self-Government written by Yash Ghai and published by Cambridge University Press. This book was released on 2013-08-29 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the constitutional frameworks for autonomies around the world really work.

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1009178105
Total Pages : 281 pages
Book Rating : 4.05/5 ( download)

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Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.