Constitutionalism: Philosophical FoundationsLarry Alexander Cambridge University Press, 2001 M02 26 - 319 páginas A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. |
Dentro del libro
Resultados 1-5 de 81
Página 1
... authority , its identity , and possible methodologies of interpretation . Thus , if authority stems from acceptance by the governed - whatever that means - then that might suggest that the identity of a constitution can vary from moment ...
... authority , its identity , and possible methodologies of interpretation . Thus , if authority stems from acceptance by the governed - whatever that means - then that might suggest that the identity of a constitution can vary from moment ...
Página 4
... authority to the rule . But if practical authority is impossible , claims of practical authority will be false , and hence rules qua rules will be undermined , which by hypothesis is morally nonoptimal . So it appears , paradoxically ...
... authority to the rule . But if practical authority is impossible , claims of practical authority will be false , and hence rules qua rules will be undermined , which by hypothesis is morally nonoptimal . So it appears , paradoxically ...
Página 5
... authority of the framers then ( in 1789 ) . That is , we now accept a meta- or preconstitutional norm that locates authority in the framers , which in turn means that the Constitution's rules qua supreme law mean what the framers meant ...
... authority of the framers then ( in 1789 ) . That is , we now accept a meta- or preconstitutional norm that locates authority in the framers , which in turn means that the Constitution's rules qua supreme law mean what the framers meant ...
Página 6
... authority over our moral reasoning . If such authority is impossible , then perhaps we have moral rea- sons to deceive ourselves , at least in our everyday affairs , so that we come to believe that the impossible is true . Not just the ...
... authority over our moral reasoning . If such authority is impossible , then perhaps we have moral rea- sons to deceive ourselves , at least in our everyday affairs , so that we come to believe that the impossible is true . Not just the ...
Página 7
... authority and its source . Raz is , of course , well known for his work on practical authority in general and legal authority in particular . 15 In this respect , Raz's views on con- stitutional authority are entailed by his general ...
... authority and its source . Raz is , of course , well known for his work on practical authority in general and legal authority in particular . 15 In this respect , Raz's views on con- stitutional authority are entailed by his general ...
Contenido
American Constitutionalism | 16 |
Constitutional Authorship | 64 |
What Is the Constitution? and Other Fundamental Questions | 99 |
On the Authority and Interpretation of Constitutions Some Preliminaries | 152 |
Legitimacy and Interpretation | 194 |
The Domain of Constitutional Justice | 235 |
Precommitment and Disagreement | 271 |
301 | |
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Términos y frases comunes
accept Ackerman adjudication American application argued argument authority Bill of Rights Bruce Ackerman claim commitment concerns Congress consent consti constitution-makers constitutional interpretation constitutional justice constitutional law constitutional norm constitutional practice constitutional rules constitutionalism decision democracy democratarian democratic disagreement doctrine domain of constitutional Dworkin enacted entrenched establish example fact Fourteenth Amendment framers freedom fundamental H. L. A. Hart indeterminate individual institutions intentions issue Jed Rubenfeld Jeremy Waldron John Rawls Jon Elster Joseph Raz judges judgment judicial review judiciary justice-seeking lawmaking legislative legislature legitimacy legitimate liberal limits majority matter meaning ment minimum welfare moral opportunity to thrive particular persons political community popular precommitment premise principles question reasons relevant requires right to minimum role Ronald Dworkin rule of recognition self-government sense social stitutional supra Supreme Court theory tion tional tutional understanding understood United United States Constitution