Oxford Constitutional Theory – serie
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58 produkter
Legitimation by Constitution
A Dialogue on Political Liberalism
Av Frank Michelman, Alessandro Ferrara
Inbunden, 2021
1418 kr
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"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution …
Religion, Law, and Democracy
Selected Writings
Av Ernst-Wolfgang Böckenförde, Mirjam Künkler m. fl.
Häftad, 2022
663 kr
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Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political theory, …
Constitutionalism and the Paradox of Principles and Rules
Between the Hydra and Hercules
Inbunden, 2021
1418 kr
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This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of …
Pluralist Constitutionalism
Semi-Autonomy and the Structure of Constitutional Order
Inbunden, 2026
1384 kr
Kommande
Pluralist Constitutionalism challenges a foundational assumption of modern constitutional thought: that constitutional order depends on unity, hierarchy, and singular authority. Across diverse societies, however, constitutions are shaped by persistent forms of plurality, including competing legal …
Constitutional Fragments
Societal Constitutionalism and Globalization
Häftad, 2014
971 kr
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In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, …
Constitutional Referendums
The Theory and Practice of Republican Deliberation
Häftad, 2014
992 kr
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The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a …
Constitutional and Political Theory
Selected Writings
Av Ernst-Wolfgang Böckenförde, Mirjam Künkler m. fl.
Inbunden, 2017
2290 kr
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Ernst-Wolfgang Böckenförde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Böckenförde has been a major contributor to contemporary debates in legal and …
Constitutional and Political Theory
Selected Writings
Av Ernst-Wolfgang Böckenförde, Mirjam Künkler m. fl.
Häftad, 2022
576 kr
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Ernst-Wolfgang Böckenförde (b. 1930, d. 2019) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Böckenförde has been a major contributor to contemporary debates in …
Constituting Economic and Social Rights
Häftad, 2014
808 kr
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Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and …
The Global Model of Constitutional Rights
Av Kai Möller
Häftad, 2015
895 kr
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Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach …
The Three Branches
A Comparative Model of Separation of Powers
Häftad, 2015
791 kr
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The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal …
Popular Sovereignty in Early Modern Constitutional Thought
Av Daniel Lee
Inbunden, 2016
2419 kr
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Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, …
Post Sovereign Constitution Making
Learning and Legitimacy
Av Andrew Arato
Inbunden, 2016
1869 kr
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Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in …
Europe's Functional Constitution
A Theory of Constitutionalism Beyond the State
Inbunden, 2016
1482 kr
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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to …
Constitutional Courts and Deliberative Democracy
Häftad, 2015
762 kr
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Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional …
Constitutionalism
Past, Present, and Future
Av Dieter Grimm
Inbunden, 2016
2290 kr
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Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; …
Unconstitutional Constitutional Amendments
The Limits of Amendment Powers
Av Yaniv Roznai
Inbunden, 2017
1611 kr
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Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the …
Law and Revolution
Legitimacy and Constitutionalism After the Arab Spring
Inbunden, 2017
2306 kr
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What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and …
Defending the Political Constitution
Inbunden, 2026
1883 kr
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A political constitution is often seen as an idiosyncratic feature of the UK and compared unfavourably with an entrenched legal constitution upheld by a supreme or constitutional court, such as that of the United States. By comparing both systems, Defending the Political Constitution explores the …
Constituent Power and the Law
Inbunden, 2020
1581 kr
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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 …
Carl Schmitt's State and Constitutional Theory
A Critical Analysis
Inbunden, 2017
1705 kr
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Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially …
The Cosmopolitan Constitution
Häftad, 2016
601 kr
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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 …
Beyond the People
Social Imaginary and Constituent Imagination
Inbunden, 2018
1633 kr
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Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can 'imagined' communities, or 'invented' peoples, ever be theorized without, at the same time, being re-imagined and re-invented …
The Cultural Defense of Nations
A Liberal Theory of Majority Rights
Av Liav Orgad
Häftad, 2017
571 kr
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Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics as has been seen in the refugee crisis, the Brexit referendum, and the 2016 US election.The Cultural Defense of …
The Metaethics of Constitutional Adjudication
Inbunden, 2017
1827 kr
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In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality …
Religion, Law, and Democracy
Selected Writings
Av Ernst-Wolfgang Böckenförde, Mirjam Künkler m. fl.
Inbunden, 2020
1896 kr
Lägg i varukorg
Ernst-Wolfgang Böckenförde (1930-2019) was one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (1983-1996), Böckenförde was a major contributor to contemporary debates in legal and political …
Popular Sovereignty in Early Modern Constitutional Thought
Av Daniel Lee
Häftad, 2018
649 kr
Lägg i varukorg
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a …
Euroconstitutionalism and its Discontents
Inbunden, 2018
1682 kr
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This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, …
Constitutionalism
Past, Present, and Future
Av Dieter Grimm
Häftad, 2019
688 kr
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Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the …
Unconstitutional Constitutional Amendments
The Limits of Amendment Powers
Av Yaniv Roznai
Häftad, 2019
520 kr
Lägg i varukorg
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the …
