Constitutionalism Beyond Liberalism

Author : Michael W. Dowdle
Publisher : Cambridge University Press
ISBN 13 : 1316943089
Total Pages : 375 pages
Book Rating : 4.83/5 ( download)

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Download or read book Constitutionalism beyond Liberalism written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2017-01-26 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Author : Russell Hardin
Publisher : OUP Oxford
ISBN 13 : 019152185X
Total Pages : 398 pages
Book Rating : 4.50/5 ( download)

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Download or read book Liberalism, Constitutionalism, and Democracy written by Russell Hardin and published by OUP Oxford. This book was released on 1999-11-25 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in which co-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there are harsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674727800
Total Pages : 889 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic

Author : Martin Loughlin
Publisher : Harvard University Press
ISBN 13 : 0674268024
Total Pages : 273 pages
Book Rating : 4.29/5 ( download)

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Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : Katherine van Wormer
Publisher : OUP Oxford
ISBN 13 : 0191039373
Total Pages : 318 pages
Book Rating : 4.79/5 ( download)

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Download or read book Deliberative Democracy and Beyond: Liberals, Critics, Contestations written by Katherine van Wormer and published by OUP Oxford. This book was released on 2000-04-20 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this ground-breaking study, John Dryzek argues that democratic theory is now dominated by a deliberative approach. As one of those responsible for this turn, John Dryzek now takes issue with the direction it has taken. Discussing the models of democracy advocated by both friends and critics of the deliberative approach, Dryzek shows that democracy should be critical of established power, transitional in extending beyond national boundaries, and dynamic in its openness to changing constraints upon and opportunities for democratization. - ;The past few years have seen a remarkable ferment in the theory of democracy. Deliberative Democracy and Beyond builds on a critical tour through recent democratic theory by one of the leading political theorists in the field. It examines the deliberative turn in democratic theory, which argues that the essence of democratic legitimacy is to be found in authentic deliberations on the part of those affected by a collective decision. The deliberative turn began as a challenge to established institutions and models of democracy, but it has now been largely assimilated by these same institutions and models. Drawing a distinction between liberal constitutionalist deliberative democracy and discursive democracy, the author criticizes the former and advocates the latter. He argues that a defensible theory of democracy should be critical of established power, pluralistic, reflexive in its questioning orientation to established traditions, transnational in its capacity to extend across state boundaries, ecological, and dynamic in its openness to ever-changing constraints upon and opportunities for democratization. Dryzek's reinvigorated approach enables deliberative democracy to respond more effectively to the criticisms that have been leveled against it. - ;Remarkable book ... Dryzek's discussions are unfailingly lucid, and his critical assessments of the literature remain comprehensive and illuminating ... Readers will find much to ponder in what he has to say. - Ethics;The most remarkable and subtle part of Dryzek's argument is his attempt to construct green theory of democratic communication, which takes account of agency and communication in the non-human natural world ... The argument is a bit like crossing a ravine on a bridge of eggshells, and is conducted with considerable intellectual excitement ... Dryzek's discussion is throughout careful, rigorous, detailed, and in dealing with views from which he distinguishes his own position, scrupulously sympathetic. - Democratizaton;This clear and imaginative presentation of recent attempts to make democracy more inclusive than traditional liberal models bounded by the institutions of the state is highly recommended for collections serving upper-division undergraduates, graduate students, and researchers. - Choice;Dryzek is a sharp and authoritative critic, and this will be an influential work ... even the sceptical will do well to engage closely with Dryzek's provocative vision. - Political Studies

Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.80/5 ( download)

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Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Author : J nos Kis
Publisher : Central European University Press
ISBN 13 : 9789639241329
Total Pages : 344 pages
Book Rating : 4.26/5 ( download)

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Download or read book Constitutional Democracy written by J nos Kis and published by Central European University Press. This book was released on 2003-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Author : Robert R. Williams
Publisher : SUNY Press
ISBN 13 : 9780791449332
Total Pages : 300 pages
Book Rating : 4.35/5 ( download)

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Download or read book Beyond Liberalism and Communitarianism written by Robert R. Williams and published by SUNY Press. This book was released on 2001-03-29 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflects new advances in Hegel scholarship and demonstrates the contemporary relevance of the Philosophy of Right.

Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.42/5 ( download)

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Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Author : David Dyzenhaus
Publisher : Duke University Press
ISBN 13 : 9780822322443
Total Pages : 340 pages
Book Rating : 4.47/5 ( download)

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Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.