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Democracy on the Margin

Russell Hardin

in Liberalism, Constitutionalism, and Democracy

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198290841
eISBN:
9780191599415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198290845.003.0007
Subject:
Political Science, Political Theory

The division of decisions into constitutional moments and post‐constitutional moments, with broad coordination on vague general issues in the former and often substantially more conflict over lesser ... More


Territorial Cleavages and Constitutional Transitions: Political Mobilization, Constitution-Making Processes, and Constitutional Design

George Anderson and Sujit Choudhry

in Territory and Power in Constitutional Transitions

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198836544
eISBN:
9780191873737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198836544.003.0020
Subject:
Law, Constitutional and Administrative Law

This chapter explores how patterns of territorial political mobilization influence the processes of Constitution-making and the choices of constitutional design, focusing on seventeen countries that ... More


Constituent Power and Constitutional Change in American Constitutionalism

Stephen M. Griffin

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The claims of the 17th century English radicals were bequeathed to their American compatriots during the following century, and this chapter shows that it enabled the American revolutionaries to ... More


Global Competition and Law: Trajectories and Promises

David J. Gerber

in Global Competition: Law, Markets, and Globalization

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199228225
eISBN:
9780191711350
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228225.003.0010
Subject:
Law, Competition Law

This chapter ties together the preceding sections of the book. It takes a longer and broader view of the trajectories of national competition law experience and analyzes how they have been ... More


Legacies of Loss in American Politics

Jeffrey K. Tulis and Nicole Mellow

in Legacies of Losing in American Politics

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226515298
eISBN:
9780226515465
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226515465.003.0005
Subject:
Political Science, American Politics

Among scholars of American politics who study the regime as a whole, two approaches loom large. Identified most notably by the work of Walter Dean Burnham, Theodore Lowi, and Bruce Ackerman, regime ... More


Legacies of Losing in American Politics

Jeffrey K. Tulis and Nicole Mellow

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226515298
eISBN:
9780226515465
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226515465.001.0001
Subject:
Political Science, American Politics

Legacies of Losing in American Politics shows the enduring and unnoticed significance of defeated leaders and ideas at three crucial junctures of American constitutional history. The Anti-Federalists ... More


Introduction

Chibli Mallat

in Philosophy of Nonviolence: Revolution, Constitutionalism, and Justice beyond the Middle East

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199394203
eISBN:
9780199394234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199394203.003.0007
Subject:
Law, Private International Law, Philosophy of Law

After the dictator is removed from power, a “constitutional moment” inevitably starts. This is the paradigm-changing period between when the old political order ends and the new one begins: a time of ... More


Conclusion: Constitutionalism and Nonviolence

Chibli Mallat

in Philosophy of Nonviolence: Revolution, Constitutionalism, and Justice beyond the Middle East

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199394203
eISBN:
9780199394234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199394203.003.0012
Subject:
Law, Private International Law, Philosophy of Law

This chapter concludes Part II by suggesting that although the constitutional moment proceeds irrespective of whether the revolution was nonviolent or not, nonviolence makes the passage to a working ... More


Brexit and EU Treaty Reform: A Window of Opportunity for Constitutional Change?

Federico Fabbrini

in The Law & Politics of Brexit

Published in print:
2017
Published Online:
November 2017
ISBN:
9780198811763
eISBN:
9780191853692
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198811763.003.0013
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter argues that Brexit compels the EU institutions and the Member States to engage in constitutional change at EU level. Several provisions of the EU treaties and quasi-constitutional EU ... More


Three Forms of Republican Egalitarianism

Alan Thomas

in Republic of Equals: Predistribution and Property-Owning Democracy

Published in print:
2016
Published Online:
December 2016
ISBN:
9780190602116
eISBN:
9780190602130
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190602116.003.0005
Subject:
Philosophy, Political Philosophy, General

This chapter compares and contrasts three republican strategies for implementing egalitarianism. Cass Sunstein and Frank Michelman’s juridical republicanism, in the case of the United States, seeks ... More


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