The Language Of Liberal Constitutionalism
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The Language of Liberal Constitutionalism
Author | : Howard H. Schweber |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2007 |
Genre | : Electronic Book |
ISBN | : 0621861324 |
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The Language of Liberal Constitutionalism
Author | : Howard Schweber |
Publsiher | : Unknown |
Total Pages | : 394 |
Release | : 2007 |
Genre | : Constitutional law |
ISBN | : 0511294859 |
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This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
The Language of Liberal Constitutionalism
Author | : Howard Schweber |
Publsiher | : Cambridge University Press |
Total Pages | : 15 |
Release | : 2007-02-26 |
Genre | : Philosophy |
ISBN | : 9781139462594 |
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This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.
Constitutional Politics in Canada and the United States
Author | : Stephen L. Newman |
Publsiher | : State University of New York Press |
Total Pages | : 291 |
Release | : 2012-02-01 |
Genre | : Political Science |
ISBN | : 9780791485842 |
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Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.
Liberalism Constitutionalism and Democracy
Author | : Russell Hardin |
Publsiher | : Unknown |
Total Pages | : 404 |
Release | : 2003 |
Genre | : Constitutional history |
ISBN | : 0199261687 |
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In his ground-breaking book, the leading political philosopher Russell Hardin develops a new theory of liberal constitutional democracy. Arguing against the standard consensus theories, the author shows how social co-ordination on limited, sociological mutual advantage lies at the heart of liberal constitutionalism when it works to produce stable government. The book argues that liberalism, constitutionalism, and democracy are co-ordination theories. They work only in societies in whichco-ordination of the important power groups for mutual advantage is feasible. It then goes on to examine and interpret the US constitution as motivated centrally by the concern with creating a government to enable commerce. In addition, the book addresses the nature of the problems that the newly democratic, newly market-oriented states face. The analysis of constitutionalism is based on its workability, not on its intrinsic, normative, or universal appeals. Hardin argues, similarly, there areharsh limits on the possibilities of democracy. In general, democracy works only on the margins of great issues. Indeed, it is inherently a device for regulating marginal political conflicts.
Liberal Virtues
Author | : Stephen Macedo |
Publsiher | : Unknown |
Total Pages | : 328 |
Release | : 1990 |
Genre | : Law |
ISBN | : UOM:39015018468135 |
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Liberal democracy is often defended because it secures freedom, order, and prosperity. Without slighting these solid achievements, this book responds to those who worry that the theory and practice of free self-government neglect the importance of community and citizen virtue. Macedo offers a critical interpretation and original defense of the great tradition of individual freedom associated with John Locke and the founders of the American republic. He defends a theory of public justification, and explains how the legal and political institutions of liberal democracy embody a collective commitment to reasonableness. He concludes with the types of personalities and societies associated with life in a pluralistic, open, and tolerant liberal society. This provocative work will be of interest to scholars and laypeople concerned with the moral aspirations of contemporary democracy.
Constitutional Law Constitutionalism and Democracy
Author | : Nicholas Sunday |
Publsiher | : GRIN Verlag |
Total Pages | : 53 |
Release | : 2013-05-02 |
Genre | : Political Science |
ISBN | : 9783656424086 |
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Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science
Liberal Constitutionalism Marriage and Sexual Orientation
Author | : Gordon Albert Babst |
Publsiher | : Teaching Texts in Law and Politics |
Total Pages | : 172 |
Release | : 2002 |
Genre | : Law |
ISBN | : UOM:39015056280798 |
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Liberal Constitutionalism, Marriage, and Sexual Orientation: A Contemporary Case for Dis-Establishment uses constitutional theory and political philosophy to shed light on an elusive feature of American jurisprudence: the establishment of a sectarian preference in the law to the detriment of American citizens who happen to be gay or lesbian and who wish to exercise their fundamental right to marry. Reviewing aspects of liberal-democratic theory, marriage law, and pertinent analogies that deal with the right to marry, Gordon Albert Babst presents the notion of the «shadow establishment, » which makes the best sense of a constitutional affirmation of bias against same-sex marriage and gay persons in the law.