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 49
Página 1
... problems that it entails . At step 1 , I begin with my own current views about principles of justice and other aspects of political morality , about prin- ciples of wise governance , and about the institutional arrangements best suited ...
... problems that it entails . At step 1 , I begin with my own current views about principles of justice and other aspects of political morality , about prin- ciples of wise governance , and about the institutional arrangements best suited ...
Página 5
... problem of how rules can ever be authoritative and make good their claim to allegiance in any case where they produce sub- optimal results . His discussion of this and the related problem of how final authoritative decision - makers can ...
... problem of how rules can ever be authoritative and make good their claim to allegiance in any case where they produce sub- optimal results . His discussion of this and the related problem of how final authoritative decision - makers can ...
Página 6
... problem of constitutionalism , but only because it is the deepest problem of law generally . Even democratic decision - making , which is frequently contrasted with constitutionalism , can- not escape the authority - authorship syndrome ...
... problem of constitutionalism , but only because it is the deepest problem of law generally . Even democratic decision - making , which is frequently contrasted with constitutionalism , can- not escape the authority - authorship syndrome ...
Página 8
... problem of time that Michel- man struggles with : Why ought the majority now to feel bound by what a ma- jority ... problem of time , repudiates constitutionalism altogether . Rubenfeld therefore tries a different tack to solve the ...
... problem of time that Michel- man struggles with : Why ought the majority now to feel bound by what a ma- jority ... problem of time , repudiates constitutionalism altogether . Rubenfeld therefore tries a different tack to solve the ...
Página 9
... problem of time by deeming individuals past and present to be one " people " and by deeming the Constitution to embody the commitments of that " peo- ple , " but that in doing so he has opted for originalism and thus subordinated right ...
... problem of time by deeming individuals past and present to be one " people " and by deeming the Constitution to embody the commitments of that " peo- ple , " but that in doing so he has opted for originalism and thus subordinated right ...
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 | |
Otras ediciones - Ver todas
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