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Comparative constitutional reasoning
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.-- Provided by Publisher.
Book
Constitution for a Disunited Nation
This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.
eBook
Assessing constitutional performance
\"From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, which apply across the board? Or is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, political scientists, empiricists, and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East, and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of 'constitutional success' play out differently in different contexts and provides examples of how \"success\" can be differently defined under different circumstances\"-- Provided by publisher.
Book
Law and New Governance in the EU and the US
New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies.
eBook
The Politics of Principle
Under its first chief justice, Arthur Chaskalson, the South African Constitutional Court built an unrivalled reputation in the comparative constitutional law community for technically accomplished and morally enlightened decision-making. At the same time, the Court proved remarkably effective in asserting its institutional role in post-apartheid politics. While each of these accomplishments is noteworthy in its own right, the Court's simultaneous success in legal and political terms demands separate investigation. Drawing on and synthesising various insights from judicial politics and legal theory, this study offers an interdisciplinary explanation for the Chaskalson Court's achievement. Rather than a purely political strategy of the kind modelled by rational choice theorists, the study argues that the Court's achievement is attributable to a series of adjudicative strategies in different areas of law. In combination, these strategies allowed the Court to satisfy institutional norms of public reason-giving while at the same time avoiding political attack.
eBook
Useful Bullshit
In Useful Bullshit
Neil J. Diamant pulls back the curtain on early
constitutional conversations between citizens and officials in the
PRC. Scholars have argued that China, like the former
USSR, promulgated constitutions to enhance its domestic and
international legitimacy by opening up the constitution-making
process to ordinary people, and by granting its citizens political
and socioeconomic rights. But what did ordinary officials and
people say about their constitutions and rights? Did constitutions
contribute to state legitimacy?
Over the course of four decades, the PRC government encouraged
millions of citizens to pose questions about, and suggest revisions
to, the draft of a new constitution. Seizing this opportunity,
people asked both straightforward questions like \"what is a
state?\", but also others that, through implication, harshly
criticized the document and the government that sponsored it. They
pressed officials to clarify the meaning of words, phrases, and
ideas in the constitution, proposing numerous revisions. Despite
many considering the document \"bullshit,\" successive PRC
governments have promulgated it, amending the constitution,
debating it at length, and even inaugurating a \"Constitution
Day.\"
Drawing upon a wealth of archival sources from the Maoist and
reform eras, Diamant deals with all facets of this constitutional
discussion, as well as its afterlives in the late '50s, the
Cultural Revolution, and the post-Mao era. Useful Bullshit
illuminates how the Chinese government understands and makes use of
the constitution as a political document, and how a vast array of
citizens-police, workers, university students, women, and members
of different ethnic and religious groups-have responded.
eBook
Conservative thought and American constitutionalism since the New Deal
An intellectual history of American conservativism since the New Deal.The New Deal fundamentally changed the institutions of American constitutional government and, in turn, the relationship of Americans to their government. Johnathan O'Neill's Conservative Thought and American Constitutionalism since the New Deal examines how various types of conservative thinkers responded to this significant turning point in the second half of the twentieth century.O'Neill identifies four fundamental transformations engendered by the New Deal: the rise of the administrative state, the erosion of federalism, the ascendance of the modern presidency, and the development of modern judicial review. He then considers how various schools of conservative thought (traditionalists, neoconservatives, libertarians, Straussians) responded to these major changes in American politics and culture. Conservatives frequently argued among themselves, and their responses to the New Deal ranged from adaptation to condemnation to political mobilization. Ultimately, the New Deal pulled American governance and society permanently leftward. Although some of the New Deal's liberal gains have been eroded, a true conservative counterrevolution was never, O'Neill argues, a realistic possibility. He concludes with a plea for conservative thinkers to seriously reconsider the role of Congress—a body that is relatively ignored by conservative intellectuals in favor of the courts and the presidency—in America's constitutional order. Conservative Thought and American Constitutionalism since the New Deal explores the scope and significance of conservative constitutional analysis amid the broader field of American political thought.
eBook