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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... tion may be morally desirable in many circumstances , but they are not and cannot be interpretations of the constitution that exists up to that time . Of course , the constitution or metaconstitution may authorize judicial amend- ments ...
... tion may be morally desirable in many circumstances , but they are not and cannot be interpretations of the constitution that exists up to that time . Of course , the constitution or metaconstitution may authorize judicial amend- ments ...
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... tion . Rubenfeld refers to this central feature of the Constitution as its " writ- tenness . " At this stage of his argument it would seem that Rubenfeld has solved the problem of time by deeming individuals past and present to be one ...
... tion . Rubenfeld refers to this central feature of the Constitution as its " writ- tenness . " At this stage of his argument it would seem that Rubenfeld has solved the problem of time by deeming individuals past and present to be one ...
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... - tutionalism is not democratic even if it is established democratically . Like- wise , a democratic delegation to the courts of the power to invalidate legisla- tion in the name of rights does not make such 10 LARRY ALEXANDER.
... - tutionalism is not democratic even if it is established democratically . Like- wise , a democratic delegation to the courts of the power to invalidate legisla- tion in the name of rights does not make such 10 LARRY ALEXANDER.
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Philosophical Foundations Larry Alexander. tion in the name of rights does not make such judicial invalidations demo- cratic . Moreover , the fact that we accept the legitimacy of these systems , even when they thwart our democratic ...
Philosophical Foundations Larry Alexander. tion in the name of rights does not make such judicial invalidations demo- cratic . Moreover , the fact that we accept the legitimacy of these systems , even when they thwart our democratic ...
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... tion , 63 University of Chicago Law Review 877 , 910-11 ( 1996 ) ; Michael J. White , Guide for Perplexed Liberals : Second Installment , 15 Law & Philosophy 417 , 429-30 ( 1996 ) . 4 See Richard S. Kay , Preconstitutional Rules , 42 ...
... tion , 63 University of Chicago Law Review 877 , 910-11 ( 1996 ) ; Michael J. White , Guide for Perplexed Liberals : Second Installment , 15 Law & Philosophy 417 , 429-30 ( 1996 ) . 4 See Richard S. Kay , Preconstitutional Rules , 42 ...
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