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The Challenge of Originalism
  • Language: en
  • Pages: 317

The Challenge of Originalism

  • Categories: Law

Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

The Constitutional Structure of Proportionality
  • Language: en
  • Pages: 203

The Constitutional Structure of Proportionality

  • Categories: Law

Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Renmin Chinese Law Review
  • Language: en
  • Pages: 369

Renmin Chinese Law Review

  • Categories: Law

Renmin Chinese Law Review, Voume. 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China. This volume

Global Constitutionalism
  • Language: en
  • Pages: 322

Global Constitutionalism

  • Categories: Law
  • Type: Book
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  • Published: 2017-11-27
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  • Publisher: Springer

This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.

Critical Debates on Counter-Terrorism Judicial Review
  • Language: en
  • Pages: 387

Critical Debates on Counter-Terrorism Judicial Review

  • Categories: Law

An examination of the debates regarding whether judicial review is an effective and appropriate way to regulate counter-terrorism measures.

Property and Practical Reason
  • Language: en
  • Pages: 269

Property and Practical Reason

  • Categories: Law

Presents a moral argument, grounded in natural law, for private property and the limits of rights.

The Cosmopolitan Constitution
  • Language: en
  • Pages: 305

The Cosmopolitan Constitution

  • Categories: Law
  • Type: Book
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  • Published: 2014
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  • Publisher: Unknown

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues tha...

Constitutional and Administrative Law
  • Language: en
  • Pages: 889

Constitutional and Administrative Law

  • Categories: Law

Provides an accessible, discursive, and scholarly treatment of the key contemporary issues in UK Public Law.

Bills of Rights in the Common Law
  • Language: en
  • Pages: 259

Bills of Rights in the Common Law

  • Categories: Law

This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.

Comparative Constitutional Theory
  • Language: en
  • Pages: 549

Comparative Constitutional Theory

  • Categories: Law

The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.