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Constitutional Morality

André Béteille

in Democracy and Its Institutions

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198080961
eISBN:
9780199082049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198080961.003.0004
Subject:
Sociology, Politics, Social Movements and Social Change

Constitutional morality is important for constitutional laws to be effective. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. This ... More


Constitutional Referendums: The Theory and Practice of Republican Deliberation

Stephen Tierney

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199592791
eISBN:
9780191741067
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592791.001.0001
Subject:
Law, Constitutional and Administrative Law

The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, ... More


Wilson and Democracy in Latin America

Tony Smith

in America's Mission: The United States and the Worldwide Struggle for Democracy

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691154923
eISBN:
9781400842025
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154923.003.0003
Subject:
Political Science, Political Theory

This chapter examines Woodrow Wilson's attempts to foster constitutionalism in Latin America through imperialist interventions that commenced shortly after he was elected president in 1913. It begins ... More


Constitutionalism and Democracy in the World Society

Hauke Brunkhorst

in The Twilight of Constitutionalism?

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585007
eISBN:
9780191723469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585007.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter presents a broad-ranging account of the impact of the emergence of ‘world society’ on the ideals of constitutional democracy. This argument is based on the premise that constitutionalism ... More


Ireland’s Constitutional Amendability and Europe’s Constitutional Ambition †: The Lisbon Referendum in Context

Maria Cahill

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0050
Subject:
Law, Public International Law

This chapter examines the constitutional conflict that occurs in the context of Ireland's rejection of the Lisbon Treaty. It begins by distinguishing the concepts “direct democracy” and ... More


South Africa: From Constitutional Promise to Social Transformation

Heinz Klug

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0007
Subject:
Law, Comparative Law

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven ... More


The Civic Constitution: Civic Visions and Struggles in the Path toward Constitutional Democracy

Elizabeth Beaumont

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199940066
eISBN:
9780199369782
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199940066.001.0001
Subject:
Political Science, American Politics, Democratization

This book offers a powerful new understanding of American constitutional democracy by focusing on several generations of influential “civic founders”—largely ordinary men and women who sought to ... More


The Problematic Supremacy of International Human Rights Law

Allen Buchanan

in The Heart of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199325382
eISBN:
9780199369300
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199325382.003.0006
Subject:
Philosophy, Political Philosophy

This chapter takes up another key issue that has been neglected in the philosophical literature: the problematic claims to legal supremacy that are made on behalf of international legal human rights ... More


Building the Judiciary: Law, Courts, and the Politics of Institutional Development

Justin Crowe

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691152936
eISBN:
9781400842575
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152936.001.0001
Subject:
Political Science, American Politics

How did the federal judiciary transcend early limitations to become a powerful institution of American governance? How did the Supreme Court move from political irrelevance to political centrality? ... More


Introduction

T.R.S. Allan

in Constitutional Justice: A Liberal Theory of the Rule of Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199267880
eISBN:
9780191707728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267880.003.0001
Subject:
Law, Constitutional and Administrative Law

This book offers an account of the rule of law that, though primarily an ideal of procedural fairness, governing the manner in which laws and policies should be applied to particular persons, also ... More


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