Constitutions of Value

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Release : 2023-01-19
Genre : Political Science
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Book Rating : 09X/5 ( reviews)

Constitutions of Value - 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 Constitutions of Value write by Isabel Feichtner. This book was released on 2023-01-19. Constitutions of Value available in PDF, EPUB and Kindle. Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law’s fundamental role in institutions of value production and valuation. Utilizing pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The Constitutional Value of Sunset Clauses

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Release : 2016-10-04
Genre : Law
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Book Rating : 319/5 ( reviews)

The Constitutional Value of Sunset Clauses - 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 Constitutional Value of Sunset Clauses write by Antonios Emmanouil Kouroutakis. This book was released on 2016-10-04. The Constitutional Value of Sunset Clauses available in PDF, EPUB and Kindle. In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Human Dignity

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Release : 2015-01-26
Genre : Political Science
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Book Rating : 983/5 ( reviews)

Human Dignity - 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 Human Dignity write by Aharon Barak. This book was released on 2015-01-26. Human Dignity available in PDF, EPUB and Kindle. Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.

Constitutional Topography

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Release : 2010
Genre : Law
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Constitutional Topography - 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 Topography write by András Sajó. This book was released on 2010. Constitutional Topography available in PDF, EPUB and Kindle. This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.

How Constitutional Rights Matter

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Release : 2020
Genre : Law
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Book Rating : 458/5 ( reviews)

How Constitutional Rights Matter - 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 How Constitutional Rights Matter write by Adam Chilton. This book was released on 2020. How Constitutional Rights Matter available in PDF, EPUB and Kindle. Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.