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. |
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Página 4
... decision - making and the right of majorities to implement their own judgments about individual rights and liberties , Kay argues not only that democracy is not a preemptive value , but that it also may trample rights and , through ...
... decision - making and the right of majorities to implement their own judgments about individual rights and liberties , Kay argues not only that democracy is not a preemptive value , but that it also may trample rights and , through ...
Página 5
... decisions . Kay next takes on those who are skeptical of the capacity of written rules to convey fixed meanings . That ... decision - makers can be expected to conform to rules with which they do not fully agree merits close attention ...
... decisions . Kay next takes on those who are skeptical of the capacity of written rules to convey fixed meanings . That ... decision - makers can be expected to conform to rules with which they do not fully agree merits close attention ...
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... decision - making , which is frequently contrasted with constitutionalism , can- not escape the authority ... deciding what the norm requires in a particular context . Perry presupposes an ontology of norms such that it is 6 LARRY ALEXANDER.
... decision - making , which is frequently contrasted with constitutionalism , can- not escape the authority ... deciding what the norm requires in a particular context . Perry presupposes an ontology of norms such that it is 6 LARRY ALEXANDER.
Página 7
... decision - makers , whereas the extension of rules would be to- tally dependent upon the intentions of their authors . In other places , however , Perry appears to make a more global claim about norms in general and to assume that the ...
... decision - makers , whereas the extension of rules would be to- tally dependent upon the intentions of their authors . In other places , however , Perry appears to make a more global claim about norms in general and to assume that the ...
Página 8
... decision - if it is accepted - will sig- nal a constitutional revolution . Although at the end of his essay , Raz takes up this rejoinder and disputes it , it seems difficult to deny that in many cases of innovative decisions , a new ...
... decision - if it is accepted - will sig- nal a constitutional revolution . Although at the end of his essay , Raz takes up this rejoinder and disputes it , it seems difficult to deny that in many cases of innovative decisions , a new ...
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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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