Results for 'Constitutionalism'

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  1.  10
    Ancient Constitutionalism.Ancient Constitutionalism - 2010 - In S. J. Savonius-Wroth Paul Schuurman & Jonathen Walmsley (eds.), The Continuum Companion to Locke. Continuum. pp. 124.
  2.  15
    Rawls on Constitutionalism and Constitutional Law 395.I. Rawls On Constitutionalism - 2003 - In Samuel Richard Freeman (ed.), The Cambridge Companion to Rawls. Cambridge University Press.
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  3. Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy.Richard Bellamy - 2007 - Cambridge University Press.
    Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat (...)
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  4. Strange Multiplicity: Constitutionalism in an Age of Diversity.James Tully - 1995 - Cambridge University Press.
    Constitutionalism in an Age of Diversity James Tully. these ambassadors from Haida Gwaii conciliate the goods which appear irreconcilable to us? To discover the answer, and learn our way around on this strange common ground, we need to ...
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  5.  16
    Liberalism, Constitutionalism, and Democracy.Russell Hardin - 2005 - Philosophical Quarterly 55 (220):534-536.
    The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is (...)
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  6.  2
    Constitutionalism: Past, Present, and Future.Dieter Grimm - 2016 - Oxford University Press UK.
    Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a (...)
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  7.  66
    Transformative Constitutionalism and the Case of Religion.Stephen Macedo - 1998 - Political Theory 26 (1):56-80.
  8.  3
    Constitutionalism and Democracy.Jon Elster & Rune Slagstad (eds.) - 1988 - Cambridge University Press.
    The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. (...)
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  9.  12
    Constitutionalism as Mindset: Reflections on Kantian Themes About International Law and Globalization.Martti Koskenniemi - 2007 - Theoretical Inquiries in Law 8 (1):9-36.
    Globalization is a topic of some anxiety among international lawyers. On the one hand, its fluid dynamics — fragmentation, deformalization and empire — undermine traditional diplomatic rules and institutions. On the other hand, the effort to reimagine international law in purely managerial terms appears intellectually shallow and politically objectionable. To avoid marginalization and instrumentalization, many lawyers have begun to think about international problems through a constitutional vocabulary and have often cited Kant in that connection. This Article argues that, while it (...)
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  10. Constitutionalism: Philosophical Foundations.Larry Alexander (ed.) - 1998 - Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation (...)
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  11.  1
    Constitutionalism and Democracy.Richard Bellamy (ed.) - 2006 - Ashgate.
    The contributions in this volume cover five main themes centring on constitutionalism and democracy: substantive views, procedural views, reconciling substance procedures, populist constitutionalism, and constitutional democracy beyond the nation state.
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  12. Constitutionalism and Democracy1.Ronald Dworkin - 1995 - European Journal of Philosophy 3 (1):2-11.
  13.  77
    Green Constitutionalism: The Constitutional Protection of Future Generations.Kristian Skagen Ekeli - 2007 - Ratio Juris 20 (3):378-401.
  14.  2
    Constitutionalism at the Nexus of Life and Law.Krishanu Saha, Sheila Jasanoff & J. Benjamin Hurlbut - 2020 - Science, Technology, and Human Values 45 (6):979-1000.
    This essay introduces a collection of articles gathered under the theme of “law, science, and constitutions of life.” Together, they explore how revolutions in notions of what biological life is are eliciting correspondingly revolutionary imaginations of how life should be governed. The central theoretical contribution of the collection is to further elaborate the concept of bioconstitutionalism, which draws attention to especially consequential forms of coproduction at the law–life nexus. This introduction offers a theoretical discussion of bioconstitutionalism. It explores the constitutional (...)
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  15.  5
    Opting Out of “Global Constitutionalism”.Ran Hirschl - 2018 - The Law and Ethics of Human Rights 12 (1):1-36.
    Much has been written about the global convergence on constitutional supremacy. Yet, a closer look suggests that while constitutional convergence trends are undoubtedly extensive and readily visible, expressions of constitutional resistance or defiance may in fact be regaining ground worldwide. This may point to a paradox embedded in global constitutionalism: the more expansive constitutional convergence trends are, the greater the likelihood of dissent and resistance are. In this article, I chart the contours of three aversive responses to constitutional convergence: (...)
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  16.  32
    Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering.K. U. O. Ming-Sung - 2010 - Ratio Juris 23 (3):390-410.
    Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a (...)
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  17.  39
    Constitutionalism.Wil Waluchow - 2008 - Stanford Encyclopedia of Philosophy.
  18. Rethinking Constitutionalism in Statesman 291-303.Christopher Gill - 1995 - In C. J. Rowe (ed.), Reading the Statesman: Proceedings of the Iii Symposium Platonicum. Academia Verlag.
     
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  19.  37
    Liberal Constitutionalism as Ideology.Mark Warren - 1989 - Political Theory 17 (4):511-534.
  20.  28
    Constitutionalism, Warfare, and Political Change in Early Modern Europe.Brian M. Downing - 1988 - Theory and Society 17 (1):7-56.
  21.  22
    Republican Constitutionalism: A Roman Ideal.Nicholas Buttle - 2001 - Journal of Political Philosophy 9 (3):331–349.
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  22.  7
    Constitutionalism and Democracy.Jon Elster & Rune Slagstad - 1995 - Ethics 105 (4):945-947.
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  23.  31
    Pluralist Constitutionalism: William A. Galston.William A. Galston - 2011 - Social Philosophy and Policy 28 (1):228-241.
    This essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category. It turns out that many assumptions Americans and others often make about constitutional essentials are valid only locally but not generically. The essay then turns to pluralism in a more technical and philosophical sense—specifically, the account of value pluralism adumbrated by Isaiah (...)
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  24.  20
    Constitutionalism and Contingency: Locke's Theory of Prerogative.C. Fatovic - 2004 - History of Political Thought 25 (2):276-297.
    Locke’s endorsement of prerogative, the power of the executive to exceed positive laws in emergencies, seems to contradict his political and theoretical aims in writing the Two Treatises of Government, particularly his vindication of the rule of law in a constitutional government. However, this article argues that prerogative and the rule of law are consistent in the ultimate ends that they serve, in spite of their significant differences as means. Prerogative is essential to the realization of the most fundamental duties (...)
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  25.  30
    Constitutionalism, Contestation, and Civil Society.Stanley N. Katz - 2002 - Common Knowledge 8 (2):287-303.
  26.  38
    Republicanism, Democracy, and Constitutionalism.Richard Bellamy - 2008 - In Cécile Laborde & John W. Maynor (eds.), Republicanism and Political Theory. Blackwell. pp. 159--189.
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  27.  20
    Popular Constitutionalism and the Rule of Recognition: Whose Practices Ground U.Matthew D. Adler - unknown
    The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...)
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  28.  3
    Constitutionalism and Democracy.Jon Elster & Rune Slagstad - 1990 - Ethics 101 (1):191-192.
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  29.  16
    Constitutionalism -- Medieval and Modern:Against Neo-Figgisite Orthodoxy.C. Nederman - 1996 - History of Political Thought 17 (2):179-194.
    My aim is not to diminish the importance of conciliarism as a contribution to Western political thought so much as to place it within its own appropriate context. I do not deny that conciliar theory played an important role in the history of �constitutionalism�, but I insist that conciliarism was a form of constitutional thought and practice deeply rooted in the mental world of the Latin Middle Ages and not directly germane to our own modern political framework and dilemmas. (...)
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  30.  23
    Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering.Ming-Sung Kuo - 2010 - Ratio Juris 23 (3):390-410.
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  31.  51
    Legalism: Chinese-Style Constitutionalism?Henrique Schneider - 2011 - Journal of Chinese Philosophy 38 (1):46-63.
  32.  21
    National Sovereigntism and Global Constitutionalism: An Adornian Cosmopolitan Critique.Lars Rensmann - 2016 - Critical Horizons 17 (1):24-39.
    There are two dominant schools of thought addressing problems of cosmopolitanism and conflict: democratic national sovereigntism, inspired by Hegel, and global constitutionalism, inspired by Kant and reformulated by Habermas. This paper develops a third position by reading Adorno's critique of both theoretical traditions. Rather than compromising between these camps, Adorno triangulates between them. Critically illuminating their respective deficiencies in view of the changing conditions of a globalized modern world has critical implications for cosmopolitics. Although largely negative, Adorno's critique provides (...)
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  33.  2
    Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism.Jean L. Cohen - 2012 - Cambridge University Press.
    Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic (...)
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  34.  10
    Legitimate Intergenerational Constitutionalism.Iñigo González-Ricoy - 2016 - Intergenerational Justice Review 9 (2).
    This paper examines the legitimacy conditions of constitutionalism by examining one particular type of constitutional provision: provisions aimed at advancing future generations’ interests. After covering the main forms that such provisions can adopt; it first considers three legitimacy gains of constitutionalising them. It then explores two legitimacy concerns that so doing raises. Given that constitutions are difficult to amend; constitutionalisation may threaten future generations’ sovereignty. And it may also make the constitution’s content impossible to adapt to changing circumstances and (...)
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  35.  7
    The Quest for Constitutionalism in UK Public Law Discourse.Jo Eric Khushal Murkens - 2009 - Oxford Journal of Legal Studies 29 (3):427-455.
    At first sight constitutionalism appears to be a key concept in public law discourse in the United Kingdom. It appears in all the major academic discussions from the rule of law and judicial review to the ‘new constitutional settlement’ and in relation to constitutional culture. And yet attempts to define the scope, meaning and role of constitutionalism remain vague. This article discusses the different fields in which constitutionalism is discussed and the different meanings that are attributed to (...)
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  36.  32
    Can Pragmatists Be Constitutionalists? Dewey, Jefferson and the Experimental Constitution.Shane Ralston - forthcoming - Contemporary Pragmatism.
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  37.  25
    Democratic Constitutionalism as Mediation: The Decline and Recovery of an Idea in Critical Social Theory.Todd Hedrick - 2012 - Constellations 19 (3):382-400.
    This paper has several aims. Its main interpretive task is to argue that the democratic aspirations of contemporary critical theory are informed and haunted by an essentially Hegelian conception of constitutional order that I describe in part 1, according to which the modern state represents an institutional structure that integrates society through rational activity by mediating between the different interests of various social strata, connecting them in a common enterprise—haunted, because this Hegelian vision of making individuals free and “at home” (...)
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  38.  38
    Constitutionalism Out of a Positivist Mind Cast: The Garantismo Way. [REVIEW]Pierluigi Chiassoni - 2011 - Res Publica 17 (4):327-342.
    Among contemporary forms of constitutionalism, Luigi Ferrajoli’s Garantismo may be considered as the rather unfashionable attempt to build up a comprehensive and multi-layered theory, which still takes seriously the positivist heritage. This paper offers, in brief outline, a synthetic view of the social setting, the philosophical background, and the basic features of this conception of constitutionalism, when compared with legal positivism and other mainstream forms of (neo)constitutionalism.
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  39.  4
    Bentham, Byron, and Greece: Constitutionalism, Nationalism, and Early Liberal Political Thought.F. Rosen - 1992 - Oxford University Press.
    Exploring the connection between Bentham and Byron forged by the Greek struggle for independence, this book focuses on the activities of the London Greek Committee, supposedly founded by disciples of Jeremy Bentham, which mounted the expedition on which Lord Byron ultimately met his death in Greece. Rosen's penetrating study provides a new assessment of British philhellenism and examines for the first time the relationship between Bentham's theory of constitutional government and the emerging liberalism of the 1820s. Breaking new ground in (...)
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  40.  56
    New Constitutionalism and the Social Reproduction of Caring Institutions.Stephen Gill & Isabella Bakker - 2005 - Theoretical Medicine and Bioethics 27 (1):35-57.
    This essay analyzes neo-liberal economic agreements and legal and political frameworks or what has been called the “new constitutionalism,” a governance framework that empowers market forces to reshape economic and social development worldwide. The article highlights some consequences of new constitutionalism for caring institutions specifically, and for what feminists call social reproduction more generally: the biological reproduction of the species; the reproduction of labor power; and the reproduction of social institutions and processes associated with the creation and maintenance (...)
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  41.  10
    European Constitutionalism V. Reformed Constitution for Europe.Vaidotas A. Vaicaitis - 2010 - Jurisprudencija: Mokslo darbu žurnalas 119 (1):69-83.
    The very idea of the draft European Union (EU) Constitutional Treaty was reexamined after the failed French and Dutch referendums and the Treaty of Lisbon (also known as the Reform Treaty) was drafted and entered into force on 1 December 2009 after it’s ratification by all 27 member states. The traditional notion of a Constitution as a national legal document establishing the social contract and a moral minimum for a particular socially unified group still prevails in legal and political thinking. (...)
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  42. Constitutionalism in Global Constitutionalisation.Aoife O'Donoghue - 2014 - Cambridge University Press.
    Constitutionalism offers a governance order a set of normative values including, amongst others, the rule of law, divisions of power and democratic legitimacy. These normative values regulate the relationship between constituent and constituted power holders. Such normative constitutional legal orders are commonplace in domestic systems but the global constitutionalisation debate seeks to identify a constitutional narrative beyond the state. This book considers the manner in which the global constitutionalisation debate has neglected constitutionalism within its proposals. It examines the (...)
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  43. Constitutionalism and Value Theory.Andras Szigeti - 2010 - In Andras Sajo & Renata Uitz (eds.), Constitutional Topography: Values and Constitutions. ELEVEN INTERNATIONAL PUBLISHING.
    The theory and practice of constitutionalism is tightly interwoven with references and appeals to values. However, these references and appeals frequently remain undertheorized and are seldom connected directly to philosophical theories of value. This chapter outlines some ways in which such connections might be established.
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  44. Constitutionalism, Executive Power, and the Spirit of Moderation. [REVIEW]David Lewis Schaefer - 2017 - Interpretation 44 (1).
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  45.  10
    Model Of The Evolution Of Social Development In The Philosophy Of Global Constitutionalism.Vitaliy Goncharov, Jacek Zalesny & Marina Savchenko - 2019 - Wisdom 13 (2):51-61.
    This article is devoted to the conceptual analysis of the model of the universe evolution in the philosophy of global constitutionalism. Purpose of research: to develop and justify the construct of education and development of the surrounding reality within the framework of the social concept of global constitutionalism. Object of research: the phenomenon of globalization of socio-political, state-legal and financial-economic development of national societies and states as an appearance of social reality, highlighted in the social concept of global (...)
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  46.  8
    Revisiting Kumm's Cosmopolitan Constitutionalism.Maximilian Fenner - 2018 - Kriterion - Journal of Philosophy 32 (3):1-24.
    In this paper, I revisit Mattias Kumm's work on a ‘cosmopolitan conception of law’. I make two claims: First, I claim that although some criticism can be resisted by Kumm, under closer methodological scrutiny there are flaws in his theory. Second, I claim that these flaws challenge Kumm's approach when reading the Charter of the United Nations (UN Charter) as a ‘global constitution’. This also has pertinent practical implications for the functioning of the United Nations. This contribution does not take (...)
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  47.  37
    Normativism and Realism Within Contemporary Democratic Constitutionalism.Valerio Fabbrizi - 2018 - Philosophy and Social Criticism 44 (6):1-21.
    The renewed interest on political realism can offer a new reading of the traditional dichotomy between normative and realist conception of constitutionalism. The purpose of this article is to analyse this renewed discussion, especially by focusing on the relationship between “political realism” and “political constitutionalism,” in the light of some theorists and authors—such as Richard Bellamy and Jeremy Waldron. After a brief introduction in which political realism will be discussed, especially through Bernard Williams’ reinterpretation, the article proposes a (...)
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  48.  52
    Market Anarchism as Constitutionalism.Roderick T. Long - 2008 - In Roderick T. Long & Tibor R. Machan (eds.), Anarchism/Minarchism: Is a Government Part of a Free Country? Ashgate. pp. 133-154.
    A legal system is any institution or set of institutions in a given society that provides dispute resolution in a systematic and reasonably predictable way. it does so through the exercise of three functions: the judicial, the legislative, and the executive. The judicial function, the adjudication of disputes, is the core of any legal system; the other two are ancillary to this. The legislative function is to determine the rules that will govern the process of adjudication (this function may be (...)
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  49. Class Conflict and Constitutionalism in JS Mill's Thought.Richard Ashcraft - 1989 - In Nancy L. Rosenblum (ed.), Liberalism and the Moral Life. pp. 105--26.
     
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  50.  3
    Political Constitutionalism and Legal Constitutionalism—an Imaginary Opposition?Alexander Latham-Gambi - 2020 - Oxford Journal of Legal Studies 40 (4):737-763.
    This article argues that the opposition between political and legal constitutionalism can be traced to a cleavage in what philosophers have called the ‘social imaginary’: the shared understandings that underpin social life. Since social imaginary understandings are by their nature nebulous and ill-defined, political and legal constitutionalism should not be thought of as competing theories or heuristic models, but—more abstractly—contrasting ways of imagining the political world. Drawing on historical and contemporary examples, I argue that my claim is supported (...)
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