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Author: Markus Patberg
Publisher: Oxford University Press, USA
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Author: Markus Patberg
Publisher: Oxford University Press, USA
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.
Author: Joel I. Colon-Rios
Publisher:
ISBN: 0198785984
Category : Constituent power
Languages : en
Pages : 353
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Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
ISBN: 110848543X
Category : History
Languages : en
Pages : 279
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Book Description
Explores the history of the idea of constituent power over five key events, from the French Revolution to the present.
Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 9780199552207
Category : Law
Languages : en
Pages : 386
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Book Description
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Author: Lynn Dobson
Publisher: Routledge
ISBN: 1134297041
Category : Political Science
Languages : en
Pages : 256
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Book Description
In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.
Author: Anthony Arnull
Publisher: Oxford University Press, USA
ISBN: 9780199257102
Category : Law
Languages : en
Pages : 562
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Book Description
The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1351020978
Category : Law
Languages : en
Pages : 469
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Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Bogusia Puchalska
Publisher: Routledge
ISBN: 1317104986
Category : Political Science
Languages : en
Pages : 184
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Book Description
In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.
Author: John G. Oates
Publisher: Routledge
ISBN: 1000028372
Category : Political Science
Languages : en
Pages : 237
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Book Description
This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Author: Andrew Arato
Publisher: Cambridge University Press
ISBN: 1107126797
Category : Law
Languages : en
Pages : 483
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Book Description
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.
