Beyond Constitutionalism

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Release : 2010-10-28
Genre : Law
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Book Rating : 310/5 ( reviews)

Beyond Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Beyond Constitutionalism write by Nico Krisch. This book was released on 2010-10-28. Beyond Constitutionalism available in PDF, EPUB and Kindle. Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Constitutional Law and National Pluralism

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Release : 2006
Genre : Law
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Book Rating : 617/5 ( reviews)

Constitutional Law and National Pluralism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Law and National Pluralism write by Stephen Tierney. This book was released on 2006. Constitutional Law and National Pluralism available in PDF, EPUB and Kindle. Since the 1970s, sub-state national minorities in a number of developed liberal democracies have both reasserted their cultural distinctiveness and demanded recognition of it in legal and political terms. This book examines the role played by law in the negotiation of competing rights claims.

Militant Democracy

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Release : 2004
Genre : Civil rights
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Book Rating : 046/5 ( reviews)

Militant Democracy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Militant Democracy write by András Sajó. This book was released on 2004. Militant Democracy available in PDF, EPUB and Kindle. This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Identity of the Constitutional Subject

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Release : 2009-10-16
Genre : Law
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Book Rating : 285/5 ( reviews)

The Identity of the Constitutional Subject - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Identity of the Constitutional Subject write by Michel Rosenfeld. This book was released on 2009-10-16. The Identity of the Constitutional Subject available in PDF, EPUB and Kindle. The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

Debating Legal Pluralism and Constitutionalism

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Release : 2020-02-24
Genre : Law
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Book Rating : 320/5 ( reviews)

Debating Legal Pluralism and Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Debating Legal Pluralism and Constitutionalism write by Guillaume Tusseau. This book was released on 2020-02-24. Debating Legal Pluralism and Constitutionalism available in PDF, EPUB and Kindle. The book gathers the general report and the national reports presented at the XXth General Congress of the IACL, in Fukuoka (Japan), on the topic “Debating legal pluralism and constitutionalism: new trajectories for legal theory in the global age”. Discussing the major contemporary changes occurring in and problems faced by domestic legal systems in the global age, the book describes how and to what extent these trends affect domestic legal orderings and practices, and challenges the traditional theoretical lenses that are offered to tackle them: constitutionalism and pluralism. Combining comparative law and comparative legal doctrine, and drawing on the national contributions, the general report concludes that most of the classic tools offered by legal doctrine are not appropriate to address most of today’s practical and theoretical global legal challenges, and as such, the book also offers new intellectual tools for the global age.