Book Description
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
Author : Jon Elster
Publisher : Cambridge University Press
Page : 267 pages
File Size : 15,44 MB
Release : 2018-06-21
Category : Biography & Autobiography
ISBN : 1108427529
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.
Author : Jon Elster
Publisher : Cambridge University Press
Page : 267 pages
File Size : 25,89 MB
Release : 2018-06-21
Category : Law
ISBN : 1108567789
Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.
Author : Patrick Fafard
Publisher : IIGR, Queen's University
Page : 61 pages
File Size : 34,34 MB
Release : 1991
Category : Canada
ISBN : 0889115907
Author : Richard W. Bauman
Publisher : Cambridge University Press
Page : 553 pages
File Size : 35,60 MB
Release : 2006-07-31
Category : Law
ISBN : 1139460404
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.
Author : Udit Bhatia
Publisher : Taylor & Francis
Page : 238 pages
File Size : 25,19 MB
Release : 2017-07-06
Category : History
ISBN : 1351654993
The essays in this volume propose a range of methodological perspectives from which these critical debates might be read. Adopting a multidisciplinary approach, they explore themes such as party politics, ideas of rights, including caste and minority rights, social justice and the philosophy of free speech.
Author : Oregon. Office of the Secretary of State
Publisher :
Page : 232 pages
File Size : 10,50 MB
Release : 1895
Category : Oregon
ISBN :
Author : Todd A. Eisenstadt
Publisher : Cambridge University Press
Page : 223 pages
File Size : 50,39 MB
Release : 2017-07-03
Category : Law
ISBN : 1107168228
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author : Joel Colón-Ríos
Publisher : Oxford University Press
Page : 368 pages
File Size : 49,13 MB
Release : 2020-03-26
Category : Law
ISBN : 0191089087
Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Author : Winton U. Solberg
Publisher : University of Illinois Press
Page : 548 pages
File Size : 15,80 MB
Release : 1990
Category : History
ISBN : 9780252061240
This book contains James Madison's notes on the debates which provide a first-hand view of the drafting of the nation's fundamental charter. An introduction by Solberg places the origins of the Constitution in the broader historical perspective of the development of political theory and constitutional practice in Western civilization. The book also links the formation of the Constitution to the events of the American Revolution from the Stamp Act Crisis to the Bill of Rights. Solberg provides background on the ratification of the Constitution, biographical sketches of each participant in the Philadelphia Convention, and population figures on which representation was to be based. - Back cover.
Author : John Alexander Jameson
Publisher :
Page : 594 pages
File Size : 13,4 MB
Release : 1867
Category : Political Science
ISBN :