The Quest For Constitutionalism

Author : Hugh Corder
Publisher : Routledge
ISBN 13 : 1317018435
Total Pages : 296 pages
Book Rating : 4.38/5 ( download)

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Download or read book The Quest for Constitutionalism written by Hugh Corder and published by Routledge. This book was released on 2016-02-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Author : Robert A. Goldwin
Publisher : A E I Press
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Constitution, the Courts, and the Quest for Justice written by Robert A. Goldwin and published by A E I Press. This book was released on 1989 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

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 : Murray Dry
Publisher : Lexington Books
ISBN 13 : 0739153056
Total Pages : 319 pages
Book Rating : 4.55/5 ( download)

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Download or read book Civil Peace and the Quest for Truth written by Murray Dry and published by Lexington Books. This book was released on 2004-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights.

Author : Carla M. Zoethout
Publisher :
ISBN 13 : 9789038704708
Total Pages : 94 pages
Book Rating : 4.04/5 ( download)

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Download or read book Constitutionalism in Africa written by Carla M. Zoethout and published by . This book was released on 1996 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Asmelash Beyene
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.09/5 ( download)

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Download or read book The Quest for Constitutionalism in Africa written by Asmelash Beyene and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1994 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some Lessons of Experience, by R. Baguma

Author : Daniel A. Farber
Publisher : University of Chicago Press
ISBN 13 : 0226238083
Total Pages : 221 pages
Book Rating : 4.81/5 ( download)

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Download or read book Desperately Seeking Certainty written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2002-05-02 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

Author : Saïd Amir Arjomand
Publisher : BRILL
ISBN 13 : 9004151745
Total Pages : 402 pages
Book Rating : 4.41/5 ( download)

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Download or read book Constitutionalism and Political Reconstruction written by Saïd Amir Arjomand and published by BRILL. This book was released on 2007-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

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 : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 448 pages
Book Rating : 4.69/5 ( download)

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Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.