Author : Peter C. Caldwell
Publisher : Duke University Press
Page : 324 pages
File Size : 24,83 MB
Release : 1997
Category : History
ISBN : 9780822319887
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author : Péter Cserne
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 198 pages
File Size : 29,76 MB
Release : 2021-08-31
Category :
ISBN : 9783631840832
The present volume provides a variety of perspectives on democratic decay and the erosion of the rule of law, on the re-emergence of popular sovereignty as a political category, and on public reason in an age of 'post-truthism', focusing on the CEE region and South Eastern Europe.
Author : Jens Meierhenrich
Publisher : Oxford University Press
Page : 873 pages
File Size : 36,34 MB
Release : 2016
Category : Law
ISBN : 0199916934
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 236 pages
File Size : 28,81 MB
Release : 2011-01-01
Category : Political Science
ISBN : 9789287171344
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 49,37 MB
Release : 1985-09-30
Category : Social Science
ISBN : 134917968X
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 41,82 MB
Release : 2011-01-01
Category : Law
ISBN : 0857931210
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Michael Stolleis
Publisher :
Page : 0 pages
File Size : 39,60 MB
Release : 2017
Category : History
ISBN : 9780198798965
German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.
Author : Richard Bellamy
Publisher : Routledge
Page : 622 pages
File Size : 11,46 MB
Release : 2017-07-05
Category : History
ISBN : 135157115X
Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
Author : Michael A. Wilkinson
Publisher : Oxford University Press
Page : 353 pages
File Size : 42,93 MB
Release : 2021
Category : Law
ISBN : 0198854757
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
Author : Jürgen Habermas
Publisher : John Wiley & Sons
Page : 128 pages
File Size : 26,38 MB
Release : 2014-03-03
Category : Philosophy
ISBN : 0745681530
Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.
