Constitutionalism Justified

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Constitutionalism Justified

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Author : Ester Herlin-Karnell
language : en
Publisher:
Release Date : 2020

Constitutionalism Justified written by Ester Herlin-Karnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.

This volume analyzes Rainer Forst's theory of the right to justification from legal-philosophical and constitutional-theoretical perspectives. The contributions address issues such as the philosophical foundations of justification and constitutionalism, the justification of human rights, the requirements of social justice, and important elements of constitutional law. Forst responds to the contributions in a concluding chapter.

Constitutionalism Justified

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Author : Ester Herlin-Karnell
language : en
Publisher: Oxford University Press
Release Date : 2019-10-15

Constitutionalism Justified written by Ester Herlin-Karnell and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.

Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.

Constitutionalism In The Charter Era

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Author : Grant Huscroft (juriste)
language : en
Publisher:
Release Date : 2004

Constitutionalism In The Charter Era written by Grant Huscroft (juriste) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.

Constitutionalism And Democracy

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Author : Richard Paul Bellamy
language : en
Publisher: Routledge
Release Date : 2006

Constitutionalism And Democracy written by Richard Paul Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.

The contributions in this volume cover five main themes centring on constitutionalism and democracy: substantive views, procedural views, reconciling substance procedures, populist constitutionalism, and constitutional democracy beyond the nation state.

New York University Journal Of International Law Politics

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Author : New York University. International Law Society
language : en
Publisher:
Release Date : 1993

New York University Journal Of International Law Politics written by New York University. International Law Society and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Electronic journals categories.

A History Of Constitutional Reform In Great Britain And Ireland

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Author : James Murdoch
language : en
Publisher: Glasgow : Blackie 1885.
Release Date : 1885

A History Of Constitutional Reform In Great Britain And Ireland written by James Murdoch and has been published by Glasgow : Blackie 1885. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Constitutional history categories.

Constitutionalism Identity Difference And Legitimacy

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Author : Michel Rosenfeld
language : en
Publisher: Durham : Duke University Press
Release Date : 1994

Constitutionalism Identity Difference And Legitimacy written by Michel Rosenfeld and has been published by Durham : Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Constitutionalism Human Rights And Regional Integration

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Author :
language : en
Publisher:
Release Date : 1996

Constitutionalism Human Rights And Regional Integration written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Africa, East categories.

Constitutionalism

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Author : Alan S. Rosenbaum
language : en
Publisher: Praeger
Release Date : 1988-09-02

Constitutionalism written by Alan S. Rosenbaum and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-09-02 with Law categories.

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. Choice In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume of original essays reviews the foundations of constitutionalism in classical liberal thought and looks at contemporary philosophical perspectives on a wide range of constitutional issues. Written by a distinguished group of philosophers and constitutional scholars, it provides a deeper understanding of the U.S. Constitution as a political instrument and examines the idea of constitutionalism as it functions in our modern world.

Rights And Constitutionalism

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Author : Dawid Hercules Van Wyk
language : en
Publisher:
Release Date : 1994

Rights And Constitutionalism written by Dawid Hercules Van Wyk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.

An introduction to the constitutional order in South Africa, drawing on the constitutional experience in countries such as Canada, India, Germany and the US, which influenced the drafting of Chapter 3 of the 1993 Constitution.