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Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter examines what it takes to achieve constitutional legitimacy in the absence of consent by focusing on the effort of those who drafted and adopted the Constitution to constrain the fiction ... More


Constitutional Interpretation: An Originalism for Nonoriginalists

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the Constitution must be interpreted according to its original meaning. This method of interpretation is commonly known as “originalism,” which is often seen as following ... More


Power and Legitimacy: Reconciling Europe and the Nation-State

Peter L. Lindseth

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195390148
eISBN:
9780199866397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195390148.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

The implications of European integration for national democracy, representative government, and constitutionalism are well known. Nevertheless, as the events of the first decade of the present ... More


Constitutional Construction: Supplementing Original Meaning

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explains how constitutional interpretation, originalist or otherwise, does not always produce unambiguous rules of law that can be applied to cases. The Constitution requires more than ... More


The Fiction of “We the People”: Is the Constitution Binding on Us?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter explains why the consent of the governed cannot justify a duty to obey the laws. The Constitution begins with the statement, “We the People of the United States...do ordain and establish ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines the conception of rights held by the people who wrote and adopted the original Constitution and also by those who wrote and adopted the Fourteenth Amendment. If the framers held ... More


Restoring the Lost Constitution: The Presumption of Liberty

Randy E. Barnett

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.001.0001
Subject:
Law, Constitutional and Administrative Law

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. This book argues that since the nation's founding, but especially ... More


The Emergence of EU Contract Law

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0002
Subject:
Law, EU Law

This chapter explores the early stages of the EU’s involvement in contract law and is most particularly concerned with examining the sector-specific programme of consumer contract law directives. In ... More


Constitutional Legitimation I

Nimer Sultany

in Law and Revolution: Legitimacy and Constitutionalism After the Arab Spring

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198768890
eISBN:
9780191822162
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198768890.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that constitutional legitimacy does not rest on a singular, coherent basis. Constitutions are neither reducible to their “strategic” benefits, nor do they serve as “contracts for ... More


Constitutional Legitimacy in Iraq: What Role Local Context?

Zaid Al-Ali

in Constitutionalism in Islamic Countries: Between Upheaval and Continuity

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199759880
eISBN:
9780190259921
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199759880.003.0034
Subject:
Law, Constitutional and Administrative Law

This chapter explores how it can be that, despite the attention of international institutions and experts in a particular constitutional process, and despite the application of international norms ... More


The Community Institutions Involved and their Mechanisms of Governance

Christopher Hodges

in European Regulation of Consumer Product Safety

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199282555
eISBN:
9780191700217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282555.003.0017
Subject:
Law, EU Law

The purpose of this chapter is to analyse the actors who are involved in Community regulation. It finds out how these actors operate and interrelate, the nature of the controls to which each is ... More


Introduction: The Governance of the Transformation of Europe’s Economic, Political, and Constitutional Constellation since the Euro Crisis

Mark Dawson, Henrik Enderlein, and Christian Joerges

in Beyond the Crisis: The Governance of Europe's Economic, Political and Legal Transformation

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198752868
eISBN:
9780191814297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198752868.003.0001
Subject:
Political Science, International Relations and Politics

Regardless of its cause, the euro crisis has transformed Europe’s economic, political, and constitutional constellation. Indeed, the present construction of the eurozone is fraught with risk and ... More


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