Sociological Constitutionalism

Author : Paul Blokker
Publisher : Cambridge University Press
ISBN 13 : 110850924X
Total Pages : 369 pages
Book Rating : 4.44/5 ( download)

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Download or read book Sociological Constitutionalism written by Paul Blokker and published by Cambridge University Press. This book was released on 2017-10-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

Author : Poul F. Kjaer
Publisher : Routledge
ISBN 13 : 1317804813
Total Pages : 187 pages
Book Rating : 4.19/5 ( download)

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Download or read book Constitutionalism in the Global Realm written by Poul F. Kjaer and published by Routledge. This book was released on 2014-04-03 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Author : Poul F. Kjaer
Publisher : Routledge
ISBN 13 : 1317804805
Total Pages : 226 pages
Book Rating : 4.02/5 ( download)

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Download or read book Constitutionalism in the Global Realm written by Poul F. Kjaer and published by Routledge. This book was released on 2014-04-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of constitutions, and overlooks underlying structural transformations that trigger the emergence of constitutional forms of ordering. Poul F. Kjaer aims to address this shortcoming by offering a sociological and historically informed analysis of the evolution of constitutionalism in the face of globalisation. The analysis contextualises on-going constitutional developments through the use of a long-term historical perspective, which is capable of highlighting the impact of deeper structural transformations unfolding within society. The book looks at the ways in which national and transnational legal forms have evolved alongside one another. It demonstrates that the formation of global constitutions has not resulted in a corresponding decrease in the power of nation states, but instead, legal and political aspects of both the nation state and the transnational have been reconfigured and intensified in a mutually supportive manner. In combining insights from a range of fields, this interdisciplinary book will be of great interest to students and scholars of constitutional law, sociology, global governance studies, and legal, social and political theory.

Author : Alberto Febbrajo
Publisher : Routledge
ISBN 13 : 1317052935
Total Pages : 290 pages
Book Rating : 4.37/5 ( download)

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Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1139495801
Total Pages : 467 pages
Book Rating : 4.06/5 ( download)

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Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1316715140
Total Pages : 920 pages
Book Rating : 4.47/5 ( download)

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Download or read book A Sociology of Transnational Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2019-10-24 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the rise of transnational constitutional laws, primarily created by the interaction between national and international courts, and by the domestic transformation of international law. Through detailed analysis of patterns of institutional formation at key historical junctures in a number of national societies, it examines the social processes that have locked national states into an increasingly transnational constitutional order, and it explains how the growth of global constitutional norms has provided a stabilizing framework for the functions of state institutions. The book adopts a distinctive historical-sociological approach to these questions, examining the deep continuities between national constitutional law and contemporary models of global law. The volume makes an important contribution to the sociology of constitutional law, to the sociology of post-national legal processes, and to the sociology of human rights law. This title is also available as Open Access.

Author : David Sciulli
Publisher : Cambridge University Press
ISBN 13 : 0521410401
Total Pages : 382 pages
Book Rating : 4.03/5 ( download)

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Download or read book Theory of Societal Constitutionalism written by David Sciulli and published by Cambridge University Press. This book was released on 1992 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 9780521116213
Total Pages : 466 pages
Book Rating : 4.1X/5 ( download)

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Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

Author : Grazyna Skapska
Publisher : BRILL
ISBN 13 : 9004192077
Total Pages : 269 pages
Book Rating : 4.72/5 ( download)

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Download or read book From 'Civil Society' to 'Europe' written by Grazyna Skapska and published by BRILL. This book was released on 2011-05-23 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.08/5 ( download)

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Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.