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The Institutions of Reflexivity

Pierre Rosanvallon

in Democratic Legitimacy: Impartiality, Reflexivity, Proximity

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691149486
eISBN:
9781400838745
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691149486.003.0009
Subject:
Political Science, Political Theory

This chapter turns to the increasingly active role of constitutional courts. These courts have established themselves—not without reservations and challenges—as an essential vector of the push for ... More


Comparative Matters: The Renaissance of Comparative Constitutional Law

Ran Hirschl

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.001.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution ... More


Machiavelli on the Plebeian Power to Create and Punish

Camila Vergara

in Systemic Corruption: Constitutional Ideas for an Anti-Oligarchic Republic

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207537
eISBN:
9780691208732
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207537.003.0005
Subject:
Philosophy, Political Philosophy

This chapter begins by presenting Niccolò Machiavelli's constitutional thought as the foundation of a type of constitutionalism that is material in its analysis of law and procedures, and ... More


Decoding the Branch

Jaklic Klemen

in Constitutional Pluralism in the EU

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198703228
eISBN:
9780191773051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703228.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

The initial finding of mapping analysis is that there are several different meanings of “constitutional pluralism” used by different authors, and that those different conceptions often appear within ... More


Jefferson, Madison, and the Making of the Constitution

Jeff Broadwater

Published in print:
2019
Published Online:
May 2020
ISBN:
9781469651019
eISBN:
9781469651033
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469651019.001.0001
Subject:
History, American History: early to 18th Century

Thomas Jefferson, the author of the Declaration of Independence, and James Madison, “Father of the Constitution,” were two of the most important Founders of the United States as well as the closest ... More


Edward Coke

Ian Williams

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0003
Subject:
Law, Legal History, Constitutional and Administrative Law

Edward Coke (1552–1634) is a ubiquitous presence in works on English constitutional history and constitutional law. Coke was an important constitutional actor and author. He produced eleven volumes ... More


‘Perfection in Imperfection’: Joseph de Maistre and the Limitations of Constitutional Design

Mila Versteeg

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0014
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter shows that Joseph de Maistre, one of the most outspoken French counter-revolutionaries, offers a unique but often overlooked perspective on constitutions. It is a constitutional theory ... More


Defining Parliamentary Sovereignty

Jeffrey Goldsworthy

in The Sovereignty of Parliament: History and Philosophy

Published in print:
2001
Published Online:
January 2010
ISBN:
9780199248087
eISBN:
9780191705199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248087.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the doctrine of parliamentary sovereignty. It begins by defining ‘parliament’ and ‘sovereignty’. It then considers the development of law-making and constitutional thought from ... More


Jeremy Bentham

Philip Schofield

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0010
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses the constitutional theory of Jeremy Bentham (1748–1832). It discusses his views on the meaning of a constitution, the point of the constitution, the place of the people, ... More


James Madison’s Republican Constitutionalism

Mark A. Graber

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0015
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses James Madison’s republican constitutionalism. Madison and most of his contemporaries rejected the foundational egalitarian commitments of contemporary democratic ... More


The Constitutional Thought of Alexander Hamilton

M. N. S. Sellers

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0016
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses the constitutional views of Alexander Hamilton. Hamilton was one of the most perceptive and influential exponents of modern constitutionalism, both in theory and in practice. He ... More


Jefferson’s Constitutions

Gerald Leonard

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0017
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter explains Thomas Jefferson’s constitutional thought across half a century, arguing that his commitment to constitutional legalism was at least as fundamental as his limited endorsement of ... More


L’Abbé de Sieyès: Champion of National Representation, Father of Constitutions

Raymond Kubben

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0013
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses the constitutional views of French clergyman Emmanuel Joseph Sieyès (1748–1836) as they developed throughout his involvement in Revolutionary politics. The character of the ... More


Thomas Paine

Richard Whatmore

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0019
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses the constitutional thought of Thomas Paine. Paine’s Rights of Man made the most radical argument in eighteenth-century constitutional thought—that Britain could and should be ... More


John Adams, Constitution Monger

David Thomas Konig

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0018
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter analyses the constitutional thought of John Adams as it responded to the political and social tumult of the Anglo-American imperial crisis of the1770s and then to the practical demands ... More


William Blackstone and the ‘free Constitution of Britain’

Wilfrid Prest

in Constitutions and the Classics: Patterns of Constitutional Thought from Fortescue to Bentham

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714989
eISBN:
9780191783142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714989.003.0009
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter draws upon William Blackstone’s widely influential Commentaries on the Laws of England (first published between 1765 and 1769), together with other writings by Blackstone and his ... More


Constitutionalism: Past, Present, and Future

Dieter Grimm

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.001.0001
Subject:
Law, Constitutional and Administrative Law

The book discusses the emergence, development, and prospects of modern constitutionalism. It describes constitutionalism as a novelty in the age old attempt to legitimize and limit political power. ... More


Some Mississippi Views of American Federalism, 1817–1900

William H. Hatcher

in The Past Is Not Dead: Essays from the Southern Quarterly

Published in print:
2012
Published Online:
March 2014
ISBN:
9781617033032
eISBN:
9781617033056
Item type:
chapter
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781617033032.003.0004
Subject:
History, American History: 20th Century

This chapter examines how some prominent Mississippi political figures viewed the federal system with the goal of ascertaining a phase of political thought—essentially constitutional thought—that has ... More


Popular Sovereignty

David Potter

in Disruption: Why Things Change

Published in print:
2021
Published Online:
July 2021
ISBN:
9780197518823
eISBN:
9780197518854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197518823.003.0005
Subject:
History, History of Ideas, History of Religion

Chapter 4 explores how the same set of ideas about ideal constitutions resulted in two radically different outcomes: the American Constitution, and the French Revolution and its numerous, failed ... More


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