Forms of Pluralism and Democratic Constitutionalism

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Release : 2018-09-25
Genre : Political Science
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Book Rating : 955/5 ( reviews)

Forms of Pluralism and Democratic 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 Forms of Pluralism and Democratic Constitutionalism write by Jean L. Cohen. This book was released on 2018-09-25. Forms of Pluralism and Democratic Constitutionalism available in PDF, EPUB and Kindle. The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.

Federalism, Plurinationality and Democratic Constitutionalism

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Release : 2012-02-20
Genre : Political Science
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Book Rating : 900/5 ( reviews)

Federalism, Plurinationality and Democratic 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 Federalism, Plurinationality and Democratic Constitutionalism write by Ferran Requejo. This book was released on 2012-02-20. Federalism, Plurinationality and Democratic Constitutionalism available in PDF, EPUB and Kindle. This book provides a theoretical and comparative analysis of federalism and federations in plurinational democracies, examining how states with distinct peoples and communities coexist (or not). Through a theoretical approach to democracy and federalism, and interdisciplinary analysis of plurinationality in state organization, including case studies of the UK, Russia, Canada, Belgium, India, Spain, Switzerland and Bolivia, this text assesses the possibilities and limits of federalism as a way to recognize and accommodate multinationalism in plurinational democracies. It evaluates a range of strategies used by states to support national, ethnic, linguistic or religious collectives in present-day liberal democracies. Leading scholars in the field evaluate the institutional and practical repercussions regarding the issue of recognition and accommodation of national minorities in a globalised world, through different theoretical perspectives to build up a detailed picture of problems and solutions to multinationalism. Looking both within and beyond the state, this is an invaluable examination of dilemmas and institutional challenges faced by many modern democracies. Federalism, Plurinationality and Democratic Constitutionalism will be of interest to students, researchers and scholars of democracy, nationalism, federalism 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.

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.

Globalization and Sovereignty

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Release : 2012-08-02
Genre : Political Science
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Book Rating : 263/5 ( reviews)

Globalization and Sovereignty - 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 Globalization and Sovereignty write by Jean L. Cohen. This book was released on 2012-08-02. Globalization and Sovereignty available in PDF, EPUB and Kindle. Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.