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Author : Andrea Buratti
Publisher : G Giappichelli Editore
ISBN 13 : 8892105469
Total Pages : 209 pages
Book Rating : 4.61/5 ( download)
Download or read book Western Constitutionalism written by Andrea Buratti and published by G Giappichelli Editore. This book was released on 2016-10-17 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrea Buratti
Publisher : Springer
ISBN 13 : 3319993380
Total Pages : 249 pages
Book Rating : 4.86/5 ( download)
Download or read book Western Constitutionalism written by Andrea Buratti and published by Springer. This book was released on 2019-01-07 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative textbook provides an introduction into comparative constitutional law to undergraduate and graduate students. Combining a clear and practical explanation of the topics with scientific knowledge, the textbook analyzes the origins and the development of constitutional law in the Western world, as well as the structure and transformations of constitutional law, up to the present day. It also examines the theoretical roots and the historical premises of constitutionalism, and explores the foundation of constitutional law in Western countries since the Age of Revolutions and the 19th Century, underlining the different constitutional traditions. Furthermore, the textbook describes the transformations of constitutional law brought about by the transition toward pluralistic societies, and analyzes the political and legal features of constitutional democracies, taking into consideration the lessons learned in several constitutional environments in contemporary states. It also discusses the global expansion of the pattern of Western constitutionalism and the contemporary challenges in the age of globalization, focusing on the development of a European constitutional space.
Author : Andrea Buratti
Publisher : Springer Nature
ISBN 13 : 3031408721
Total Pages : 333 pages
Book Rating : 4.24/5 ( download)
Download or read book Western Constitutionalism written by Andrea Buratti and published by Springer Nature. This book was released on 2023-10-31 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the theoretical origins, historical foundation, political meaning, and legal development of western constitutionalism, as well as the structure and transformation of constitutional law in the Western World. Introducing the historical background of western constitutional traditions, it links this rich, conceptual framework with the legal arrangements of states’ constitutions and the current trends of the internationalization of constitutional law. Serving as a comprehensive introduction to constitutional studies, this book provides detailed information on the design of legal systems, while addressing the main critical, theoretical issues raised by constitutionalism in western democracies and in the global landscape. This new, third edition covers a broader scope, reflecting recent political and legal transformations, and is enriched in terms of didactic instruments for university students.
Author : Andrea Buratti
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.83/5 ( download)
Download or read book Western Constitutionalism written by Andrea Buratti and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : R. C. van Caenegem
Publisher : Cambridge University Press
ISBN 13 : 9780521476935
Total Pages : 352 pages
Book Rating : 4.33/5 ( download)
Download or read book An Historical Introduction to Western Constitutional Law written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 1995-03-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The constitutional question is of paramount importance in the political and nationalist agenda of late twentieth-century Europe. Professor van Caenegem's new book addresses fundamental questions of constitutional organisation: democracy versus autocracy, unitary versus federal organisation, pluralism versus intolerance, by analysing different models of constitutional government through an historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative which begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union. Special attention is devoted to the rise of the rule of law, and of constitutional, parliamentary, and federal forms of government. The epilogue discusses the future of liberal democracy as a universal model.
Author : Michael W. Dowdle
Publisher : Cambridge University Press
ISBN 13 : 1316943089
Total Pages : 375 pages
Book Rating : 4.83/5 ( download)
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 : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.70/5 ( download)
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.57/5 ( download)
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Author : Robin West
Publisher : Duke University Press
ISBN 13 : 9780822315254
Total Pages : 380 pages
Book Rating : 4.54/5 ( download)
Download or read book Progressive Constitutionalism written by Robin West and published by Duke University Press. This book was released on 1994 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems--notably private, unchecked criminal violence and extreme economic deprivation--as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations--and, perhaps, point us toward a more just society.
Author : Joseph Fishkin
Publisher : Harvard University Press
ISBN 13 : 067498062X
Total Pages : 641 pages
Book Rating : 4.24/5 ( download)
Download or read book The Anti-Oligarchy Constitution written by Joseph Fishkin and published by Harvard University Press. This book was released on 2022-01-11 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
