Bøger i Oxford Constitutional Theory serien

This book examines the conceptual puzzles that multilevel pluralism poses for our constitutional theories. It offers fresh perspectives by addressing the pluralism of norms and authorities from the viewpoint of legality and legitimacy, proposing novel solutions for pluralizing constitutional theory in the light of multilevel governance.

This volume analyses constitutional ratification procedures, examines their nature, origins, history, and especially the potential justifications for their use. The author offers a comprehensive demonstration of how constitution-making recommendations can be evaluated and tested from a normative and theoretical perspective.

"Legitimation by constitution" is a phrase coined by Michelman and Ferrara to represent an idea in Rawlsian political liberalism of reliance on a dualist democracy: ground-level laws are subject to the constraints of a legal constitution that all citizens, across the political spectrum, can accept as a framework for their collective politics.

This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.

This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.

In this representative edition of Ernst-Wolfgang Boeckenfoerde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court, available in the English language for the first time.

Examining the intellectual origins of the constitutional doctrine of 'popular sovereignty', this book explores the importance of Roman law as a chief source of modern constitutional thought.

This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.

For the first time many of Professor Dieter Grimm's influential essays on modern constitutionalism will be available in this authoritative collection of his work.

An assessment of constitution-making, law, and revolution before and after the Arab Spring. Competing conceptualist approaches to the role of shari'a law in Arab constitutions are explored with a view to evaluating the consequences of different constitutional arrangements, and suggesting possibilities for reform.

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Through a critical appraisal of the European Union and its legal system, this book evaluates the extent to which constitutionalism as an empirical idea and normative ideal can be adapted to institutions beyond the state.

This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks the advent of the cosmopolitan constitution.

It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.

Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.

The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.

The constitutional referendum has become a vital feature of modern constitution-making and reform. This book provides the first full-length analysis of the theoretical foundations of constitutional referendums, assessing their democratic credentials and the design decisions that affect the value and legitimacy of the referendum process.

Addressing one of the greatest challenges facing liberalism today, this book asks if it is legally and morally defensible for a liberal state to restrict immigration in order to preserve the cultural rights of majority groups. Orgad proposes a liberal approach to this dilemma and explores its dimensions, justifications, and limitations.

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops an original account of the principle and its implications for modern national and transnational public bodies.

The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

The Constitutional State provides an original account of the nature of the state and its constitution. This account casts light on some of the central puzzles faced by writers on constitutions - such as the possibility of states to undertake actions and form intentions, and the moral significance of these actions for the state's citizens.

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.

The future and function of public law are uncertain. The rapidly transforming legal landscape calls into question the conceptual and value structures modern concepts of public law are built upon. This volume casts new light on the contemporary and future status of public law, asking what might come after public law in a global legal world.

This monograph examines the question of social constitutionalism, especially with regard to its role in the contemporary European project.

A transdisciplinary account of the polemical vocabularies of sovereignty, democracy, self-determination, constituent power, and constitutionalism, this book is a pioneering attempt to systematically envision these ideals and polemical concepts, not just as the objects of scholarly inquiry, but also as products of theoretical imaginations.

Analysis of case law from the US, Germany, South Africa, Canada, Israel, and the ECtHR forms the basis of Tripkovic's exploration of constitutional adjudication from an antirealist standpoint. This highly original work identifies the salient value-based arguments in constitutional practice and exposes the implicit assumptions that lie therein.

Schupmann appraises Schmitt's constitutional theory and examines how it was conceived in response to the Weimar Germany's legitimation crisis. Schmitt's normative theory of 'constrained' democracy offers a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change, and is today more relevant than ever.

Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world.