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The City
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The Federal Contract
Federalism is a very familiar form of government. It characterises the first modern constitution-that of the United States-and has been deployed by constitution-makers to manage large and internally diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, this book argues that federalism has been strangely neglected by constitutional theory. It has tended either to be subsumed within one default account of modern constitutionalism, or it has been treated as an exotic outlier - a sui generis model of the state, rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and proble...
The Nation-State in Question
Has globalization forever undermined the state as the mighty guarantor of public welfare and security? In the 1990s, the prevailing and even hopeful view was that it had. The euphoria did not last long. Today the "return of the state" is increasingly being discussed as a desirable reality. This book is the first to bring together a group of prominent scholars from comparative politics, international relations, and sociology to systematically reassess--through a historical lens that moves beyond the standard focus on the West--state-society relations and state power at the dawn of the twenty-first century. The contributors examine the sources and forms of state power in light of a range of we...
A Theory of the Executive Branch
This monograph offers a theoretical foundation of the executive branch in Western democracies and argues that the tension between dominance and submission is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of the substantive limitation of power.
Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
Against Constitutionalism
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularl...
Ethnonationalism in the Contemporary World
Essential reading for anyone interested in problems associated with ethnicity and nationalism - it offers a guide to understanding the ethnonational forces that underpin much of recent terrorist activity.
Philosophical Foundations of Constitutional Law
Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding impo...
Radical Republicanism
Republicanism is a powerful resource for emancipatory struggles against domination. Its commitment to popular sovereignty subverts justifications of authority, locating power in the hands of the citizenry who hold the capacity to create, transform, and maintain their political institutions. Republicanism's conception of freedom rejects social, political, and economic structures subordinating citizens to any uncontrolled power - from capitalism and wage-labour to patriarchy and imperialism. It views any such domination as inimical to republican freedom. Moreover, it combines a revolutionary commitment to overturning despotic and tyrannical regimes with the creation of political and economic i...
