This book examines the "constitutional faith" that has, since 1788, been a central component of American "civil religion." By taking seriously the parallel between wholehearted acceptance of the ...Constitution and religious faith, Sanford Levinson opens up a host of intriguing questions about what it means to be American. While some view the Constitution as the central component of an American religion that serves to unite the social order, Levinson maintains that its sacred role can result in conflict, fragmentation, and even war. To Levinson, the Constitution's value lies in the realm of the discourse it sustains: a uniquely American form of political rhetoric that allows citizens to grapple with every important public issue imaginable.
This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative ...constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.
European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses ...general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided ...Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard ...Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of ...constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
This book undertakes the first comparative constitutional analysis of the Kyrgyz Republic and Republics of Kazakhstan, Turkmenistan, Uzbekistan and Tajikistan in their cultural, historical, ...political, economic and social context. The first chapter provides a general overview of the diverse and dynamic constitutional landscape across the region. A second chapter examines the Soviet constitutional system in depth as the womb of the Central Asian States. A third chapter completes the general picture by examining the constitutional influences of the ‘new world order’ of globalisation, neo-liberalism and good governance into which the five states were thrust. The remaining five chapters look in turn at the constitutional context of presidents and governments, parliaments and elections, courts and rights, society and economy, and culture and identity. The enquiry probes the regional patterns of neo-Sovietism, plebiscitary elections, weak courts and parliaments, crony capitalism and constraints on association, as well as the counter-tendencies that strengthen democracy, rights protection and pluralism. It reveals the Central Asian experience to be emblematic of the principal issues and tensions facing contemporary constitutional systems everywhere. Pictorial Narrative The Independent Central Asian Republics: Mythical Frontiers. The Romanov Imperial crown on double-headed eagle, to the left, and Soviet Union’s sickle and hammer with red star, to the right, converge on a yurt etched with the year 1991. This part of the composition refers to the continuous Russian political dominance from the 19th century up to 1991 when the Central Asian Republics achieved independence. Over the yurt, the crescent moon with rising star symbolises Islam, the common religion of the Republics. To the right Tamerlane(), the iconic founder of the Timurid Empire, recalls the medieval Turco-Persian splendour of the ‘heart of the world.’ Tajikistan’s flag forms part of Tamerlane’s crown—a blazing sun radiates from Kyrgyzstan’s flag and envelopes his left arm. Adjoining the yurt is Norman Foster’s Pyramid of Peace and Accord in Astana (capital of Kazakstan). Uzbekistan’s flag occupies the other side of the pyramid. Kazakstan’s flag is stretched across the bottom right corner. Turkmenistan’s flag is spread in front of the pyramid. The composition concludes with a solitary swordsman and his white horse() under a starry night—capturing the nomadic past of the steppes and the spirit of adventure. Putachad Artist
Conscience and the constitution Richards, David A. J; Richards, David A. J
2014., 20140701, 2014, 1993, 19930101, Volume:
277
eBook
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to ...the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in hisToleration and the ConstitutionandFoundations of American Constitutionalism, Richards links history, law, and political theory. InConscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole.
Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues.
Originally published in 1993.
ThePrinceton Legacy Libraryuses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Este trabajo analiza las razones teóricas y prácticas que se utilizan a favor de la desaparición del Tribunal Constitucional o la reducción de sus funciones. Expone las razones históricas para la ...pervivencia del Tribunal Constitucional español, pese a reconocer las crisis por las que ha pasado y la escasa admisión del recurso de amparo.
Given the controversies and difficulties which preceded the coming into force of the Lisbon Treaty, it is easy to forget that the Treaty is a complex legal document in need of detailed analysis for ...its impact to be fully understood. Jean-Claude Piris, the Director General of the Legal Service of the Council of the European Union, provides such an analysis, looking at the historical and political contexts of the Treaty, its impact on the democratic framework of the EU and its provisions in relation to substantive law. Impartial legal analysis of the EU's functions, its powers and the treaties which govern it make this the seminal text on the most significant recent development in EU law.
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