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Auswahl der wissenschaftlichen Literatur zum Thema „Constitutional contours“
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Zeitschriftenartikel zum Thema "Constitutional contours"
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QERIMI, QERIM. „The contents and contours of contemporary cosmopolitan constitution-making: Immanuel Kant in the twenty-first century“. Global Constitutionalism 8, Nr. 2 (13.06.2019): 227–69. http://dx.doi.org/10.1017/s2045381719000078.
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Abstract:This article articulates legal and practical discourse that seek to apply and extend the classic cosmopolitan ideals of Immanuel Kant to the evolving practice and reality of the twenty-first century. It identifies five major strands through which cosmopolitan law ideals express themselves in contemporary constitution-making, forming in turn the major composite cosmopolitan contents. In some sense, the proposed framework re-imagines Kant in the twenty-first century, mirroring a conjoined classic and contemporaneous concept of cosmopolitan constitution-making. Kantian cosmopolitanism is reinterpreted by way of conjoining the classic cosmopolitan moral and normative principles of universal freedom, human worth and global justice to emerging and actual contemporaneous constitution-making trends such as using international or comparative foreign models as a basis for constitutional design, using international law and foreign domestic law in national constitutional interpretation, or using regional or international bodies of adjudication and their jurisprudence as a constitutionally mandated source of law. The outlined framework seeks to transcend the occasional historical setbacks and sceptical objections to cosmopolitanism, while admitting their continuous, albeit gradually unobtrusive presence. This framework is naturally predisposed to be deferential to a bold imaginative project, such as the one embodied in the Kantian vision of cosmopolitanism, which is both rooted in and survived the historical forces that ran contrary to the cosmopolitan ideals, to reach a point of its ever closer materialisation.
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Singh, Avinash. „Contours of Presidential Power Across Constitutional Systems“. Gibs Law Journal 4, Nr. 1 (2022): 46–52. http://dx.doi.org/10.5958/2582-7529.2022.00008.4.
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Issacharoff, Samuel. „The Constitutional Contours of Race and Politics“. Supreme Court Review 1995 (Januar 1995): 45–70. http://dx.doi.org/10.1086/scr.1995.3109609.
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Blokker, Paul. „Symposium on Zoran Oklopcic’s ‘Beyond the People: Social Imaginary and Constituent Imagination’ – Introductory remarks“. International Journal of Social Imaginaries 1, Nr. 2 (25.11.2022): 219–32. http://dx.doi.org/10.1163/27727866-bja00017.
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Abstract This symposium discusses Zoran Oklopcic’s book Beyond the People: Constitutional Imaginaries and Constituent Imagination. The book is an important contribution to the emerging debate on constitutional imaginaries and imagination in constitutional theory, of which this introduction delineates the contours.
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Hirschl, Ran. „Opting Out of “Global Constitutionalism”“. Law & Ethics of Human Rights 12, Nr. 1 (26.06.2018): 1–36. http://dx.doi.org/10.1515/lehr-2018-0003.
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Abstract Much has been written about the global convergence on constitutional supremacy. Yet, a closer look suggests that while constitutional convergence trends are undoubtedly extensive and readily visible, expressions of constitutional resistance or defiance may in fact be regaining ground worldwide. This may point to a paradox embedded in global constitutionalism: the more expansive constitutional convergence trends are, the greater the likelihood of dissent and resistance are. In this article, I chart the contours of three aversive responses to constitutional convergence: neo-secessionism, nullification, and deference to local authority, and draw on an array of comparative examples to illustrate the distinct logic and characteristics of each of these responses. Taken together, these increasingly common expressions of defiance provide ample evidence that global constitutionalism is not the only game in town. Neo-secessionism, nullification, and other forms of constitutional dissent and “opting out” may thus be viewed as a reaction against the centralization of authority and the decline of the local in an increasingly—constitutionally and otherwise—universalized reality.
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Kannabiran, Kalpana. „The Shifting Sands of Citizenship: Dispossessions, Constitutional Ruptures and Borderlands*“. Sociological Bulletin 69, Nr. 3 (12.10.2020): 331–50. http://dx.doi.org/10.1177/0038022920956736.
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This article looks at dispossession through four trajectories—segregation/‘untouchables’; eviction/‘encroachers’; de-citizenisation/‘illegal interlopers’; occupation/ ‘anti-nationals’—each of which destabilise the foundational basis of citizenship, and contain gendered reverberations. Violence and structural inequalities lie at the core of state practice, temper constitutional prerogatives and fuel dispossession. Impunity lies at the heart of these processes. Each of these four methods speak to a historical specificity, have distinct consequences and afterlives, different affects and engender distinct modes of resistance. The articulation of the basic idea of dispossession in these terms I argue is itself recall of the tremendous corpus of writing from the borderlands and recall of border imaginings that help us make meaning of territories by dispossession. The four-pronged rupture of constitution-speak jeopardises the constitutional imagination of the nation and affects the very claim to citizenship in the borderlands as set out within the contours the constitution.
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Masterman, Roger. „The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?“ Northern Ireland Legal Quarterly 71, Nr. 2 (14.08.2020): 285–302. http://dx.doi.org/10.53386/nilq.v71i2.320.
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It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.
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Bezrukov, Andrey, und Ivan Teplyashin. „The Modern Model of Constitutional Law: The Contours of the Formation“. Journal of Russian Law 25, Nr. 1 (08.07.2021): 1. http://dx.doi.org/10.12737/jrl.2021.008.
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Bruggeman, Robbert, und Joris Larik. „The Elusive Contours of Constitutional Identity: Taricco as a Missed Opportunity“. Utrecht Journal of International and European Law 35, Nr. 1 (2020): 20–34. http://dx.doi.org/10.5334/ujiel.489.
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MEDEIROS MARTINS, RAFAEL. „LEVANDO AS ESTATAIS A SÉRIO: UMA ABORDAGEM DE FUNDO“. Revista Científica Semana Acadêmica 11, Nr. 234 (19.06.2023): 1–10. http://dx.doi.org/10.35265/2236-6717-234-12627.
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The study investigates the reasons that justify the introduction of state-owned enterprises into the economic domain, thereby shaping the contours of the Brazilian entrepreneurial State. To this end, it examines the relevant constitutional foundations, the economic and political reasons that inspire public entrepreneurship, and the justifying public interest.
Dissertationen zum Thema "Constitutional contours"
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Verdussen, Marc Delpérée Francis. „Contours et enjeux du droit constitutionnel pénal /“. Bruxelles : E. Bruylant, 1995. http://catalogue.bnf.fr/ark:/12148/cb374962497.
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Teles, Ana Carolina Sa. „Questão moral e constituição do sujeito em contos de Machado de Assis“. Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/8/8149/tde-15012014-100107/.
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Esta dissertação aborda a questão moral e questões relativas à constituição do sujeito em contos de Machado de Assis. Os contos analisados pertencem às décadas de 1870 e 1880. Os títulos são: Ponto de vista (Quem desdenha...), de Histórias da meia-noite; O sainete; D. Benedita (Um retrato), de Papéis avulsos; Galeria Póstuma, Uma senhora, de Histórias sem data; e O enfermeiro, de Várias Histórias. Em vários dos contos, os protagonistas são confrontados por impasses de identidade, impasses de subjetivação ou ainda por dilemas morais, que acarretam em diferença subjetiva. Em adição, o narrador propõe dilemas estéticos e éticos que indagam o leitor, no gesto de leitura e interpretação. Desde Ressurreição, romance de 1872, Machado de Assis operara um deslocamento do foco da narração de costumes para o enfoque do contraste entre dois caracteres. Também em artigo de 1878 sobre O Primo Basílio Machado havia levantado uma grande polêmica, que fez parte do que Roberto Schwarz nomeou, por exemplo, como militância anti-realista do autor. No artigo a O Primo Basílio, Machado declarou a preferência pelos caracteres, pelas paixões e pela verdade moral na composição do drama. Já no século 20, uma corrente crítica inaugurada na década de 1930, em especial, por Augusto Meyer e Lúcia Miguel Pereira, interpretou Machado de Assis pelo viés do subterrâneo. Eles abriram caminho para uma crítica machadiana que considerasse, por exemplo, a psicanálise como interface na recepção literária. Lembremos, contudo, que Augusto Meyer era também tributário de Alcides Maya e responsável pelo esclarecimento de vínculos entre a ficção machadiana e a tradição de escritores moralistas. Nesse sentido, no século 20, não apenas a crítica machadiana psicológica ganhou espaço, como também a crítica que enfocou a questão moral. Entre os críticos machadianos que investigaram a questão moral, encontramos, por exemplo, o próprio Augusto Meyer, Alfredo Bosi, Ivan Teixeira, José Luiz Passos e Pedro Meira Monteiro.This dissertation approaches morality and subject constitution in Machado de Assiss short stories. The analyzed short stories go back to the period of the 1870s and 1880s. The titles are the following: Ponto de vista (Quem desdenha...) in Histórias da meia-noite; O sainete; D. Benedita (Um retrato) in Papéis avulsos; Galeria Póstuma and Uma senhora in Histórias sem data; and O enfermeiro in Várias histórias. In these short stories, the main characters are usually confronted with impasses concerning either identity, subjectivity or moral dilemmas that imply in subjective difference. In addition, the narrators propose esthetic and ethic dilemmas that question the reader in the act of reading and interpreting. In Ressurreição, novel of 1872, Machado had already dislocated the focus on narrating customs and had given priority to a plot centered on the contrast between two characters. In the article of 1878 on O primo Basílio, Machado started a huge controversy as well. This text takes part in what Roberto Schwarz names as Machados anti-Realism militancy. In the article about O primo Basílio Machado states the preference for the art of the characters, passions and morality as main components in the drama. In the 20th century, a new area of Machados criticism emerged by approaching his works according to an underground tone (the word refers to Dostoevskys book). This type of criticism was founded by Augusto Meyer and Lucia Miguel Pereira. They have opened the way for a criticism of Machados works that can take into account a psychoanalytic interface in literature reception. Still, we should remember that Augusto Meyer referred to Alcides Maya and was responsible for pointing out the connections between Machado de Assis and the moralist writers. Thus, there has been an overture not only to psychological criticism but also to the criticism concerned with morality in Machados works. Among exponent critics who have investigated morality in Machado, we can mention Augusto Meyer, Alfredo Bosi, Ivan Teixeira, José Luiz Passos and Pedro Meira Monteiro.
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Wharton, Martha Louise. „A "contour portrait of my regenerated constitution": Reading nineteenth-century African American women's spiritual autobiography“. 1996. https://scholarworks.umass.edu/dissertations/AAI9813652.
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Jarena Lee, Zilpha Elaw, and Julia Foote use spiritual autobiography as a platform from which to promote women's preaching. They consider race, gender and social circumstances as elements in their spiritual development. Their narratives contain a "radical" vision of nineteenth-century African American women. As sites of intensive intellectual and spiritual wrangling over social and spiritual matters, the narratives cannot be fully understood without carefully contextualization. This study suggests that (1) understanding the histories of the communities, churches, and evangelical missions, (2) considering style, syntax, vocabulary, and tone, and (3) asking specific questions of each text, will help readers gain a sense of the intellectual and spiritual lives documented in the narratives. The "dying husband" trope appears in all of the texts. The trope begins with a detailing of a period of great spiritual joy achieved after the writer has overcome spiritual challenge. Joy is interrupted by marriage, usually to a non-believer. Marriage presents physical and spiritual hardship attended by debilitating illness. Illness and near-death debilitation become occasions for preaching liberty and divine revelation. Generally, once revealed truths are understood, a husband dies. In light of new understandings of personal power and divine inspiration, the widowed preacher resumes her evangelical charge to pursue anew her "call". Lee's 1836 and 1849 texts offer direct challenge to A.M.E. leaders set on licensing only educated men as clergy. Her texts are extended arguments for a sex-integrated and "inspired" pastorate. Elaw's work, not arguing directly for women preachers, implies that she has been groomed for evangelical service, as was St. Paul. Critiquing more pointedly the idea that women could not be spiritual leaders, Foote wages battle with the A.M.E. Zion Church over the right of women to preach sanctification. Foote's argument for women's preaching relies on her use of Dred Scott v. Sanford (1879) case dicta with which she indicts the Church as sexist in the same way slavery law and public policy were racist. Black feminist literary criticism must incorporate methodology that permits an appropriate contextualization for texts sensitive to significant cultural and social change, such as these texts.
Bücher zum Thema "Constitutional contours"
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Verdussen, Marc. Contours et enjeux du droit constitutionnel pénal. Bruxelles: Bruylant, 1995.
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Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta und Simoncini Andrea. I The Constitutional Court, 1 The Historical Development of Italian Constitutional Adjudication. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0001.
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One of the remarkable facts of constitutional judicial review in Italy is the way in which it was grafted onto a tradition of law that had been very inhospitable to any such practice prior to the mid-twentieth century. The development of this unprecedented institution and the factors that contributed to its success not only assist the reader to understand the subsequent contours and character of the Constitutional Court but also provide a number of very useful insights and lessons for other jurisdictions seeking to establish or consolidate new and fragile systems of constitutional adjudication. This chapter traces that history and identifies those features.
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Lafont, Cristina. Religion in the Public Sphere. Herausgegeben von Phil Zuckerman und John R. Shook. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199988457.013.17.
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The priority of public reasons is a necessary component of any plausible account of the legitimacy of the institutions of constitutional democracy. This chapter analyzes the main features of the alternative conception of constitutional democracy that liberal critics endorse. This analysis shows that, in the absence of some version of the priority of public reasons, these critics cannot give a plausible account of the legitimacy of some of the institutions that their own conception relies upon. It then sketches the contours of a conception of the priority of public reasons that more accurately expresses what is at stake. By applying a more realistic and less restrictive interpretation of the priority of public reasons, religious and secular citizens can equally endorse the institutions of constitutional democracy.
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Mayeux, Sara. Free Justice. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469661650.001.0001.
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Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.
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Bovens, Mark, und Anchrit Wille. Diploma Democracy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198790631.001.0001.
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Lay politics lies at the heart of democracy. Political offices are the only offices for which no formal qualifications are required. Contemporary political practices are diametrically opposed to this constitutional ideal. Most contemporary democracies in Western Europe are diploma democracies—ruled by those with the highest formal qualifications. Citizens with low or medium educational qualification levels currently make up about 70 per cent of the electorates, yet they have become virtually absent from almost all political arenas. University graduates have come to dominate all relevant political institutions and venues, from political parties, parliaments and cabinets, to organized interests, deliberative settings, and internet consultations. This rise of a political meritocracy is part of larger trend. In the information society, educational background, like class, or religion, is an important source of social and political divides. Those who are well educated tend to be cosmopolitans, whereas the lesser educated citizens are more likely to be nationalists. This book documents the context, contours, and consequences of this rise of a political meritocracy. It explores the domination of higher educated citizens in political participation, civil society, and political office in Western Europe. It discusses the consequences of this rise of political meritocracy, such as descriptive deficits, policy incongruences, biased standards, and cynicism and distrust. Also, it looks at ways to remedy, or at least mitigate, some of the negative effects of diploma democracy.
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Pfander, James E. Cases Without Controversies. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197571408.001.0001.
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Cases Without Controversies: Uncontested Adjudication in Article III Courts offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties and rules out all forms of non-contentious jurisdiction. Said to rest on the so-called “case-or-controversy” requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, this book examines the way the Constitution’s meaning has changed over time and suggests an interpretive methodology that would allow the U.S. Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
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Minow, Martha. Saving the News. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190948412.001.0001.
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This book argues that US democracy presumes a news industry but that industry currently is failing. It focuses on the contributions of digital platforms and legal rules to the current situation and on the government's responsibilities for alleviating the problem. As the book shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Despite some concerns that government action now is not permitted, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government always been involved in shaping the media environment; it has contributed financial resources, laws, and regulations to develop and shape media in the United States. The government has subsidized development of the internet and crafted legal immunities for digital platforms; the government has crafted the direction and contours of America's media ecosystem. The shift of people’s attention to media platforms that borrow news stories without paying for them and spread misinformation jeopardizes journalism, reliable news sources, and the very respect for truth-telling. To maintain government accountability and inform a public as required in a democracy, The book outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As the text stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.
Buchteile zum Thema "Constitutional contours"
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Bourguignon, Nick, Irene Leonardelli, Enid Still, Ingrid L. Nelson und Andrea J. Nightingale. „More-Than-Human Co-becomings: The Interdependencies of Water, Embodied Subjectivities and Ethics“. In Contours of Feminist Political Ecology, 129–53. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-20928-4_6.
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AbstractIn this chapter, we explore the politics of interdependencies through situated entanglements with water. Framing more-than-human interdependencies within feminist political ecology means starting from an understanding of relationality. Drawing on research with waters and communities in Maharashtra, India and the Tagus River in Spain, we focus on the co-constitution of embodied subjectivities with the more-than-human, addressing issues of well-being, illness and ecological change in contemporary waterscapes. In doing so we explore the contradictions, tensions and ethical implications of situated more-than-human co-becomings.
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Velasco Caballero, Francisco. „Spain“. In The Forum of Federations Handbook on Local Government in Federal Systems, 441–70. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-41283-7_15.
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AbstractIn general terms, the Spanish system of local government under the current Constitution (1978) is relatively stable. Various economic crises and social and political changes (such as the emergence of new political parties at the state, regional, and local levels) have brought about several adjustments in the local government system, but have not modified its pillars. Although both state and autonomous communities (regions) tend to reduce local autonomy, this reduction has not been dramatic yet. The constraints on local governments are mainly relevant in financial matters, in which since 2012 state and regional controls on local authorities have significantly increased to ensure the balance and sustainability of local budgets. Currently, the most urgent reforms concern the second tier of local government (provinces), whose contours are not clearly set out either in the Constitution or in the general laws, and the rural municipalities, many of which are continuously losing population and are at risk of disappearing.
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Michelman, Frank I. „Constitutional Application: Between Will and Reason“. In Constitutional Essentials, 127—C9.N18. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780197655832.003.0010.
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Abstract With Chapter 9, this book turns from its work of exposition of the Rawlsian proposal for justification-by-constitution (tied together with some wide-angle impressions of a constitutional democracy thus envisaged in action over time) to more focused debates regarding the authority of a supreme court and the contours of its assignment as arbiter of constitutional compliance. Attention to a justificatory function to go side by side with a regulatory function for constitutional law, Chapter 9 starts by suggesting, can help to explain the seeming interminability of debates over “originalist” as opposed to “philosophical” approaches to judicial constitutional interpretation. Between a principle of applying a scripted set of constitutional essentials as required in reason to sustain a liberal justification for the force of law, and a principle of reading and applying the essentials to match the will or understanding of some historical author, lies a gap that cannot be closed. A comparable gap can furthermore be found to lie within a constitution’s justificatory function as conceived by Rawls, inasmuch as (taking up the slogan from prior chapters) “justificatory ambition presupposes regulatory effect.” In developing these thoughts, this chapter finds occasion to join Ronald Dworkin with Rawls among liberal-minded philosophical protagonists for a primary justificatory function for constitutional law.
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Tushnet, Mark. „Introduction: comparative constitutional law – history and contours“. In Advanced Introduction to Comparative Constitutional Law. Edward Elgar Publishing, 2014. http://dx.doi.org/10.4337/9781781007327.00004.
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Moravcsik, Andrew. „The European Constitutional Settlement“. In The State of the European Union, 23–50. Oxford University PressOxford, 2007. http://dx.doi.org/10.1093/oso/9780199218677.003.0002.
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Abstract Over the past half-century the EU has successfully expanded its substantive man- date and institutional prerogatives to a level without parallel among international organizations. Today this process has reached what appears to be, barring large exogenous shocks, a stable constitutional equilibrium. The EU may expand geo- graphically, reform institutionally, and deepen substantively, but all this currently seems set to take place essentially within the contours of the existing European constitutional structure. The time has come to acknowledge the existence of the ‘European Constitutional Settlement’—a plateau in the process of European integration unlikely to be upset by medium-term trends.
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Gebeye, Berihun Adugna. „The Transformation of African Constitutionalism“. In A Theory of African Constitutionalism, 35–71. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893925.003.0003.
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This chapter investigates how legal syncretism as a process can explain the African constitutional transformations and developments from precolonial times to the present. Through the lens of legal syncretism, the chapter explores and examines the idea and practice of constitutionalism in precolonial Africa, traces the transformation of precolonial constitutionalism brought about by the introduction of colonial constitutionalism, and shows how postcolonial constitutionalism builds on, and departs from, the previous constitutional systems. This investigation illustrates how the encounters and interactions between international law, colonial law, indigenous constitutional systems, and the liberal constitutional norms that have been prevalent since the late nineteenth century have all contributed to the establishment of the territorial, political, and theoretical contours of African constitutionalism.
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Tew, Yvonne. „Introduction Building Constitutionalism in Fragile Democracies“. In Constitutional Statecraft in Asian Courts, 1–18. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198716839.003.0001.
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What role do courts play in developing constitutional democracy in Asia? Constitutional Statecraft in Asian Courts explores the role of judicial review and constitutionalism in safeguarding democratic governance and facilitating constitutional governance. It offers an in-depth look at contemporary Malaysia and Singapore, helping us understand how courts engage in constitutional state-building even as they confront dominant political parties and negotiate democratic transitions. The book considers how the judiciary can negotiate institutional power to consolidate its position vis-à-vis the dominant political branches of government. It also examines the facilitative role courts can play in crafting the foundational principles of an evolving constitutional order. The judicial strategies evident in Malaysia and Singapore suit the challenges of many other emerging Asian democracies, providing both guidance and caution as these states negotiate their emerging constitutionalism. At the heart of this book is an account of how judicial strategies of constitutionalism can sculpt the contours of state-building. It is, in brief, about how courts engage in constitutional statecraft.
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Neves, Marcelo. „To the Search of Another Model of Difference Between Constitutional Principles and Rules“. In Constitutionalism and the Paradox of Principles and Rules, 72–128. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898746.003.0004.
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This chapter presents a model for distinguishing between constitutional principles and constitutional rules, emphasizing that it concerns a legal-doctrinal difference that emerged with modern constitutionalism. In this context, principles are defined as reflexive mechanisms in relation to rules, and the circular connection between them becomes the focus of analysis. It also discusses the performance of principles and rules in the process of constitutional concretization as well as pointing out the requirement of a constitutional principle theory adequate to the complexity of contemporary society, even in the context of transconstitutionalism. This chapter is divided into five sections: locating the problem and conceptual contours; constitutional principles as a result of the positivization of law: principles and rules as an internal difference of the legal system; the circular relationship between constitutional principles and rules; from optimization to competition: limits of ‘balancing’; and intra-principle collision, double contingency, and functional differentiation of society: towards a complex theory of principles.
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Tierney, Stephen. „After the Scottish Independence Referendum“. In Territory and Power in Constitutional Transitions, 275–91. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836544.003.0015.
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This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots say “No” to the question: “Should Scotland be an Independent Country?”. Despite this result, the referendum has sparked a further process of decentralization. The chapter first describes the context that led to the Scottish independence referendum, focusing in particular on the success of the Scottish National Party (SNP) in the parliamentary elections of May 2011 and why the referendum emerged from—and was organized within—the normal contours of constitutional democracy. It then considers the period of constitutional engagement and the outcome of the referendum before concluding with an analysis of some of the lessons that can be drawn from it with regard to constitutional change and the issue of secession.
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Cushman, Barry. „A Stream of Legal Consciousness“. In Rethinking The new deal court, 141–55. Oxford University PressNew York, NY, 1998. http://dx.doi.org/10.1093/oso/9780195115321.003.0010.
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Abstract Categories and Images In 1869, Chief Justice Salmon P. Chase used the opportunity presented by Texas v. White to adumbrate the contours of the postbellum constitutional order. “[T]he perpetuity and indissolubility of the Union,” Chase declared, “by no means implies the loss of distinct and individual existence, or the right of self-government by the States.” Each of the several state governments were, like the federal government, “endowed with all of the functions essential to separate and independent existence.” “The preservation of the States,” Chase concluded, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National Government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.