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 1
... example , what , if anything , makes a constitution legitimate ? Is there any difference between a constitution and a Hartian rule of recognition , 1 or between a constitution and other laws ? Relatedly , of what if any importance is ...
... example , what , if anything , makes a constitution legitimate ? Is there any difference between a constitution and a Hartian rule of recognition , 1 or between a constitution and other laws ? Relatedly , of what if any importance is ...
Página 2
... ment regarding the content of the rules that we had at step 2 - for example , we might now disagree about what freedom of speech should cover or about whether separation of powers is a good idea - we 2 LARRY ALEXANDER.
... ment regarding the content of the rules that we had at step 2 - for example , we might now disagree about what freedom of speech should cover or about whether separation of powers is a good idea - we 2 LARRY ALEXANDER.
Página 12
... example . That would not be true , however , if the system were ( 2b ) , for in that system , the judicial decision , unlike the founders ' and the legislature's , is a historical one , not one involving the court's own views of ...
... example . That would not be true , however , if the system were ( 2b ) , for in that system , the judicial decision , unlike the founders ' and the legislature's , is a historical one , not one involving the court's own views of ...
Página 13
... example , democratic parliaments would find it highly desirable to have a rule - an entrenched one - saying that those who lose a legislative battle over the enactment of a law may not reintroduce the issue immediately . Indeed , it ...
... example , democratic parliaments would find it highly desirable to have a rule - an entrenched one - saying that those who lose a legislative battle over the enactment of a law may not reintroduce the issue immediately . Indeed , it ...
Página 14
... example , the Supreme Court . The norms of authority would also resolve the question when and over whom the authoritative interpreter is authoritative ( for exam- ple , does the President have to follow the Court in cases on all fours ...
... example , the Supreme Court . The norms of authority would also resolve the question when and over whom the authoritative interpreter is authoritative ( for exam- ple , does the President have to follow the Court in cases on all fours ...
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