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Author: Illan rua Wall Publisher: Routledge ISBN: 113664413X Category : Law Languages : en Pages : 236
Book Description
With the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay at the heart of human rights was forgotten in an increasing juridification. This book seeks to recover the radical political pole of human rights. It looks to the debates surrounding constituent power – the ‘power of the people’ – in order to understand different possibilities for the discourse. Using continental political philosophy and critical legal theory, Human Rights and Constituent Power presents a very different conception of human rights, more at home on the riotous streets than in courtrooms and parliaments.
Author: Illan rua Wall Publisher: Routledge ISBN: 113664413X Category : Law Languages : en Pages : 236
Book Description
With the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay at the heart of human rights was forgotten in an increasing juridification. This book seeks to recover the radical political pole of human rights. It looks to the debates surrounding constituent power – the ‘power of the people’ – in order to understand different possibilities for the discourse. Using continental political philosophy and critical legal theory, Human Rights and Constituent Power presents a very different conception of human rights, more at home on the riotous streets than in courtrooms and parliaments.
Author: Arvidsson Matilda Arvidsson Publisher: Edinburgh University Press ISBN: 147445500X Category : Law Languages : en Pages : 272
Book Description
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
Author: Joel I. Colon-Rios Publisher: ISBN: 0198785984 Category : Constituent power Languages : en Pages : 353
Book Description
This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author: Héctor López Bofill Publisher: Routledge ISBN: 1000393844 Category : Business & Economics Languages : en Pages : 192
Book Description
This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Author: John G. Oates Publisher: Routledge ISBN: 1000028372 Category : Political Science Languages : en Pages : 237
Book Description
This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Author: M. Spång Publisher: Springer ISBN: 1137383003 Category : History Languages : en Pages : 202
Book Description
Constituent power of the people is a core concept of modern politics but what does this concept actually mean? This book addresses this question, sketching how constituent power of the people has been conceived since the early modern revolutions.
Author: Martin Loughlin Publisher: OUP Oxford ISBN: 9780199552207 Category : Law Languages : en Pages : 386
Book Description
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to representative and expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Author: Aoife O'Donoghue Publisher: Cambridge University Press ISBN: 1107050251 Category : Law Languages : en Pages : 281
Book Description
Aoife O'Donoghue explains why normative constitutionalism must underpin the global constitutionalisation debate if it is to realise its critical potential.
Author: Abat i Ninet, Antoni Publisher: Edward Elgar Publishing ISBN: 1786430517 Category : Law Languages : en Pages : 192
Book Description
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Author: Illan rua Wall
Author: Illan rua Wall
Author: Arvidsson Matilda Arvidsson
Author: Joel I. Colon-Rios
Author: Héctor López Bofill
Author: John G. Oates
Author: M. Spång
Author: Lucia Rubinelli
Author: Martin Loughlin
Author: Aoife O'Donoghue
Author: Abat i Ninet, Antoni