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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... issue of constitution- alism and poses 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 ...
... issue of constitution- alism and poses 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 ...
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... issues is per- haps the closest to the one I have just outlined . For Kay , the purpose of a con- stitution is to lay down fixed rules that can affect human conduct and thereby keep government in good order . Constitutionalism ...
... issues is per- haps the closest to the one I have just outlined . For Kay , the purpose of a con- stitution is to lay down fixed rules that can affect human conduct and thereby keep government in good order . Constitutionalism ...
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... issues of interpretation . He distinguishes between the norms the framers intended and the specification of those norms . The framers ' intentions are authoritative with respect to the identity of consti- tutional norms but not with ...
... issues of interpretation . He distinguishes between the norms the framers intended and the specification of those norms . The framers ' intentions are authoritative with respect to the identity of consti- tutional norms but not with ...
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... issues . The remaining three contributors , however , depart from this orthodoxy . Jed Rubenfeld is preoccupied with the same problem of time that Michel- man struggles with : Why ought the majority now to feel bound by what a ma ...
... issues . The remaining three contributors , however , depart from this orthodoxy . Jed Rubenfeld is preoccupied with the same problem of time that Michel- man struggles with : Why ought the majority now to feel bound by what a ma ...
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... issue as that raised in the legislature at time , and by the founders at time ,. That would be true if the system were ( 2d ) , for example . That would not be true , however , if the system were ( 2b ) , for in that system , the ...
... issue as that raised in the legislature at time , and by the founders at time ,. That would be true if the system were ( 2d ) , for example . That would not be true , however , if the system were ( 2b ) , for in that system , the ...
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