Robert F. Nagel A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de Constitutional Cultures Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
Mirosław Wyrzykowski A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de Constitutional cultures Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.
Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.
Proportionality and Constitutional Culture
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
Lessons from India s Constitutional Culture
"This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadian constitutional law is arguably characterized by ideologies of liberalism and legal positivism. Because human rights norms are expected to incorporate a vision of social justice into the law, ideologies and legal philosophies are crucial to assess the potential and the limitations of human rights protections. The legal cultures in Canada and India have similar roots, and yet the systems have evolved differently. Among other factors, judicial activism and the quest for social justice of judges at the Supreme Court of India were significant in the evolution of Indian constitutional culture. From a Canadian perspective, it is interesting to study this culture as it offers new avenues in the human rights field and therefore challenges the universal value of human rights norms as interpreted and applied in Canada. This thesis argues that, on the intersection of human rights and social issues like poverty and social classes, important lessons can be drawn from the way the Supreme Court of India has based its human rights interpretation on contextual analyses of Indian social reality. The judges engaged in judicial activism sought to move beyond the traditional ideologies found in the common law, and their jurisprudence is helpful in grasping the limitations these ideologies can put on human rights interpretation. " --
Constitutional Patriotism offers a new theory of citizenship and civic allegiance for today's culturally diverse liberal democracies. Rejecting conventional accounts of liberal nationalism and cosmopolitanism, Jan-Werner Müller argues for a form of political belonging centered on universalist norms, adapted for specific constitutional cultures. At the same time, he presents a novel approach to thinking about political belonging and the preconditions of democratic legitimacy beyond the nation-state. The book takes the development of the European Union as a case study, but its lessons apply also to the United States and other parts of the world. Müller's essay starts with an engaging historical account of the origins and spread of the concept of constitutional patriotism-the idea that political attachment ought to center on the norms and values of a liberal democratic constitution rather than a national culture or the "global human community." In a more analytical part, he then proposes a critical conception of citizenship that makes room for dissent and civil disobedience while taking seriously a polity's need for stability over time. Müller's theory of constitutional patriotism responds to the challenges of the de facto multiculturalism of today's states--with a number of concrete policy implications about immigration and the preconditions for citizenship clearly spelled out. And it asks what civic empowerment could mean in a globalizing world.
On the Limits of Constitutional Adjudication
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
The Impact of European Rights on National Legal Cultures
This book contributes to the debate about the impact of European Community Law on the national constitutional orders and cultures of the respective Member States. The author examines the doctrine of sovereignty as a mechanism within which this impact may be best assessed and in particular how it underwrites the tension between European Union rights and the rights provided by the respective legal orders of the Member States. In particular the book focuses on political,social and civil rights, drawing from T.H. Marshall's typology. In endorsing an appropriate analytical framework, the book challenges both existing law and secondary literature in order to argue that the terminology, the concepts and the tools which are used to assess the impact of the EC law on the national constitutional orders are to be selected with great care. This is particularly apposite given the complexity of constitutional diversity, in terms of national constitutions and their reception of EC law. It is also important because of the variety of approaches involved in the constitutional adjustment of the acquis of the Union within the context of the increasing drive to constitutionalisation of the Union on the one hand and enlargement on the other.
The Migration of Constitutional Ideas
The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
International Journal of Constitutional Law
A été écrit sous une forme ou une autre pendant la plus grande partie de sa vie. Vous pouvez trouver autant d'inspiration de International Journal of Constitutional Law Aussi informatif et amusant. Cliquez sur le bouton TÉLÉCHARGER ou Lire en ligne pour obtenir gratuitement le livre de titre $ gratuitement.