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The New Judicial Federalism

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than ... More


Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M. Shaman

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many ... More


Introduction

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0099
Subject:
Law, Constitutional and Administrative Law

This introductory chapter surveys the rise in importance of state constitutional law, the evolving recognition of state constitutions by scholars, lawyers, and judges, and the importance of the book ... More


Civil Society and the State

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/9780198080961.003.0003
Subject:
Sociology, Politics, Social Movements and Social Change

In a constitutional democracy, state and civil society are, at least in principle, complementary rather than substitutes for each other or dedicated adversaries. The constitutional state based on the ... More


Constitutional Controls on Delegation

Catherine M Donnelly

in Delegation of Governmental Power to Private Parties: A Comparative Perspective

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199298242
eISBN:
9780191711626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298242.003.0004
Subject:
Law, Constitutional and Administrative Law

A central issue in the discussion of delegation of governmental power to private actors is the extent to which governmental actors enjoy a capacity to delegate their power in the first instance. This ... More


The Failure of Discourse Ethics and the Theory of Communicative Action in Their Attempted Empirical Demonstration and Application to Politics, Law and Society

Uwe Steinhoff

in The Philosophy of Jürgen Habermas: A Critical Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199547807
eISBN:
9780191720758
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547807.003.0004
Subject:
Political Science, Comparative Politics, Political Theory

The chapter provides a detailed description and critical discussion of Habermas' attempts to make the theory of communicative action and discourse ethics fruitful beyond the narrower moral and ... More


Backlash and Advancement

Jeffrey M. Shaman

in Equality and Liberty in the Golden Age of State Constitutional Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.003.0009
Subject:
Law, Constitutional and Administrative Law

A significant number of states have exercised their sovereign independence to create a substantial body of state constitutional law establishing rights of equality and liberty well beyond those ... More


Separation of Powers Beyond the State

Christoph Möllers

in The Three Branches: A Comparative Model of Separation of Powers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.003.0005
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter first addresses the question of how organizations located on a regulatory level beyond the state acquire their legitimacy. The two classic answers are: democratic legitimacy through the ... More


Global Water Governance and the Rise of the Constitutional Regulatory State in Colombia

René Urueña

in The Rise of the Regulatory State of the South: Infrastructure and Development in Emerging Economies

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677160
eISBN:
9780191760068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677160.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter examines water supply regulation in Colombia. It begins with an overview of the political and institutional landscape in Colombia. It then explores the emergence of water supply as a ... More


The Benefits of Intersystemic Adjudication

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter demonstrates how intersystemic adjudication could fulfill the promise of polyphony. Federalism can ensure that the government of the United States continues to deserve the “high ... More


Sovereignty in the Constitutional State

Dieter Grimm

in Sovereignty: The Origin and Future of a Political and Legal Concept

Published in print:
2015
Published Online:
November 2015
ISBN:
9780231164252
eISBN:
9780231539302
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231164252.003.0003
Subject:
Philosophy, Political Philosophy

This chapter studies the relationship between sovereignty and the constitutional state. The American and French revolutions definitively established the project of modern constitutionalism, and the ... More


Constitutional Violence and Enlightenment Thought

David William Bates

in States of War: Enlightenment Origins of the Political

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231158053
eISBN:
9780231528665
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231158053.003.0007
Subject:
Political Science, Political Theory

This introductory chapter begins with a brief discussion of how crises of the early twenty-first century, such as the war, terrorism, and economic catastrophe, have focused renewed attention on the ... More


States of War: Enlightenment Origins of the Political

David Bates

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231158053
eISBN:
9780231528665
Item type:
book
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231158053.001.0001
Subject:
Political Science, Political Theory

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits ... More


The Constitution of 1848: Reconstructing Government, Balancing Powers, Oppressing Free Blacks

Frank Cicero Jr.

in Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778-1870

Published in print:
2018
Published Online:
September 2018
ISBN:
9780252041679
eISBN:
9780252050343
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252041679.003.0005
Subject:
History, Political History

Chapter 4 focuses on the 1847 Illinois state constitutional convention and the constitution approved by voters in 1848. Democrats comprised a majority of delegates, but Whigs built many successful ... More


Habermas's “Reconstruction” of Modern Law

in Habermas: The Discourse Theory of Law and Democracy

Published in print:
2011
Published Online:
June 2013
ISBN:
9780804769129
eISBN:
9780804777810
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804769129.003.0003
Subject:
Law, Philosophy of Law

Jürgen Habermas's analysis of modern law is based on the social condition that he calls the “rationalization of the lifeworld.” He argues that through this process of rationalization, the cultural ... More


The Constitution of 1870: Progressive Foundation for a Century

Frank Cicero Jr.

in Creating the Land of Lincoln: The History and Constitutions of Illinois, 1778-1870

Published in print:
2018
Published Online:
September 2018
ISBN:
9780252041679
eISBN:
9780252050343
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5622/illinois/9780252041679.003.0008
Subject:
History, Political History

Chapter 7 summarizes debates of the 1869–70 Illinois state constitutional convention, whose blend of representatives from Democratic, Republican, and People’s Parties yielded a relatively nonpartisan ... More


Advancing Civic Preparation through the State Courts

Michael A. Rebell

in Flunking Democracy: Schools, Courts, and Civic Participation

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226549781
eISBN:
9780226549958
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226549958.003.0007
Subject:
Education, Educational Policy and Politics

Chapter Six proposes remedies that the state courts should consider in fiscal equity and education adequacy cases in order to promote civic preparation in the schools. These suggestions include ... More


On the Relations Between the Secular Liberal State and Religion

Jürgen Habermas

in Political Theologies: Public Religions in a Post-Secular World

Published in print:
2006
Published Online:
March 2011
ISBN:
9780823226443
eISBN:
9780823237043
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fso/9780823226443.003.0012
Subject:
Religion, World Religions

Is the liberal secular state nourished by normative preconditions that it cannot itself guarantee? The question expresses doubt that the democratic constitutional state ... More


Hegel as Political Educator

Dana Villa

in Teachers of the People: Political Education in Rousseau, Hegel, Tocqueville, and Mill

Published in print:
2017
Published Online:
May 2018
ISBN:
9780226467498
eISBN:
9780226467528
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226467528.003.0003
Subject:
Political Science, Political Theory

This chapter investigates the contribution of Hegel's political philosophy to civic education. Hegel hardly thinks that citizens are capable of teaching themselves (as does Tocqueville). Rather, the ... More


The Concept and Problems of the Constitutional State [1997]

Mirjam Künkler and Tine Stein

in Constitutional and Political Theory: Selected Writings

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198714965
eISBN:
9780191783135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714965.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

Böckenförde provides an in-depth exploration of the term ‘Verfassungsstaat’ (constitutional state). He investigates the historical roots of the term ‘constitution’ and differentiates between two ... More


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