Author: Sanford Levinson Publisher: Princeton University Press ISBN: 1400821630 Category : Law Languages : en Pages : 344
Book Description
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Author: Sanford Levinson Publisher: ISBN: 9780691025704 Category : Law Languages : en Pages : 330
Book Description
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar. Sanford Levinson holds the St. John Garwood and W. St. John Garwood, Jr., Regents Chair in Law, University of Texas at Austin, with a joint appointment in the Department of Government there. He is also the author of Constitutional Faith (Princeton).
Author: James E. Fleming Publisher: Oxford University Press, USA ISBN: 0199793379 Category : Law Languages : en Pages : 262
Book Description
James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders.
Author: Thom Brooks Publisher: Routledge ISBN: 1351552341 Category : History Languages : en Pages : 594
Book Description
John Rawls (1921-2002) is widely held to be amongst the most important political philosophers for over a century. This volume, which is the first work of its kind to publish in one place the most influential essays in the field, features articles on a wide range of subjects including constitutionalism, democratic theory, egalitarianism, feminism, global justice, political liberalism, the rule of law, and public reason. The collection informs scholars and students coming to the study of Rawls's work for the first time of the importance and complexity of Rawl's ideas, and sheds light on how these ideas might be further improved and applied.
Author: Jacob Weinrib Publisher: Cambridge University Press ISBN: 1316033643 Category : Law Languages : en Pages : 317
Book Description
In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.
Author: Andy Hamilton Publisher: Bloomsbury Publishing ISBN: 1350106062 Category : Philosophy Languages : en Pages : 417
Book Description
The aesthetics of imperfection emphasises spontaneity, disruption, process and energy over formal perfection and is often ignored by many commentators or seen only in improvisation. This comprehensive collection is the first time imperfection has been explored across all kinds of musical performance, whether improvisation or interpretation of compositions. Covering music, visual art, dance, comedy, architecture and design, it addresses the meaning, experience, and value of improvisation and spontaneous creation across different artistic media. A distinctive feature of the volume is that it brings together contributions from theoreticians and practitioners, presenting a wider range of perspectives on the issues involved. Contributors look at performance and practice across Western and non-Western musical, artistic and craft forms. Composers and non-performing artists offer a perspective on what is 'imperfect' or improvisatory within their work, contributing further dimensions to the discourse. The Aesthetics of Imperfection in Music and the Arts features 39 chapters organised into eight sections and written by a diverse group of scholars and performers. They consider divergent definitions of aesthetics, employing both 18th-century philosophy and more recent socially and historically situated conceptions making this an essential, up-to-date resource for anyone working on either side of the perfection-imperfection debate.
Author: Brené Brown Publisher: Random House ISBN: 0399592520 Category : Business & Economics Languages : en Pages : 321
Book Description
#1 NEW YORK TIMES BESTSELLER • Brené Brown has taught us what it means to dare greatly, rise strong, and brave the wilderness. Now, based on new research conducted with leaders, change makers, and culture shifters, she’s showing us how to put those ideas into practice so we can step up and lead. Don’t miss the five-part HBO Max docuseries Brené Brown: Atlas of the Heart! NAMED ONE OF THE BEST BOOKS OF THE YEAR BY BLOOMBERG Leadership is not about titles, status, and wielding power. A leader is anyone who takes responsibility for recognizing the potential in people and ideas, and has the courage to develop that potential. When we dare to lead, we don’t pretend to have the right answers; we stay curious and ask the right questions. We don’t see power as finite and hoard it; we know that power becomes infinite when we share it with others. We don’t avoid difficult conversations and situations; we lean into vulnerability when it’s necessary to do good work. But daring leadership in a culture defined by scarcity, fear, and uncertainty requires skill-building around traits that are deeply and uniquely human. The irony is that we’re choosing not to invest in developing the hearts and minds of leaders at the exact same time as we’re scrambling to figure out what we have to offer that machines and AI can’t do better and faster. What can we do better? Empathy, connection, and courage, to start. Four-time #1 New York Times bestselling author Brené Brown has spent the past two decades studying the emotions and experiences that give meaning to our lives, and the past seven years working with transformative leaders and teams spanning the globe. She found that leaders in organizations ranging from small entrepreneurial startups and family-owned businesses to nonprofits, civic organizations, and Fortune 50 companies all ask the same question: How do you cultivate braver, more daring leaders, and how do you embed the value of courage in your culture? In this new book, Brown uses research, stories, and examples to answer these questions in the no-BS style that millions of readers have come to expect and love. Brown writes, “One of the most important findings of my career is that daring leadership is a collection of four skill sets that are 100 percent teachable, observable, and measurable. It’s learning and unlearning that requires brave work, tough conversations, and showing up with your whole heart. Easy? No. Because choosing courage over comfort is not always our default. Worth it? Always. We want to be brave with our lives and our work. It’s why we’re here.” Whether you’ve read Daring Greatly and Rising Strong or you’re new to Brené Brown’s work, this book is for anyone who wants to step up and into brave leadership.
Author: Publisher: Oxford University Press ISBN: 0198906323 Category : Law Languages : en Pages : 438
Book Description
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
Author: Silvia Suteu Publisher: Oxford University Press ISBN: 0192602608 Category : Law Languages : en Pages : 272
Book Description
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Author: Sanford Levinson
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Author: Sanford Levinson
Author: James E. Fleming
Author: Thom Brooks
Author: Jacob Weinrib
Author: Andy Hamilton
Author: Brené Brown
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Author: Silvia Suteu