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The Imperialism of Modern Constitutional Democracy

James Tully

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/9780199552207.003.0017
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter challenges the idea that constituent power is a necessary or neutral presupposition of politics. It argues that the concept of constituent power is a vital component of the deep and ... More


Federal Democracy: Federalism as Political Culture, Civil Society, and Liberal Democratic Constitutionalism

Michael Burgess

in In Search of the Federal Spirit: New Comparative Empirical and Theoretical Perspectives

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199606238
eISBN:
9780191752476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606238.003.0009
Subject:
Political Science, Political Theory, Comparative Politics

The chapter builds upon the assumption established in the previous chapters that the successful operation of federalism can be achieved only if it is rooted in liberal democratic constitutionalism. ... More


Introduction: Democracy and Institutional Design

Adrian Vermeule

in Mechanisms of Democracy: Institutional Design Writ Small

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195333466
eISBN:
9780199855384
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333466.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter begins with a discussion of institutional design writ small. It considers the mechanisms of democracy, and proposes mechanisms that advance four core values of democratic ... More


Can Abusive Borrowing Be Stopped?

Rosalind Dixon and David Landau

in Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893765
eISBN:
9780191914720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893765.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter concludes by offering thoughts on how policymakers and scholars might design better responses to combat abusive constitutional borrowing, or the repurposing of liberal democratic ... More


Introduction: The Rise of Eternity Clauses in Democratic Constitutionalism

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter reviews the growing literature on constitutional unamendability and provides a unique analysis of unamendability in democratic constitutionalism. It looks at the democratic challenge of ... More


Restorations and Constitutions

Volker Sellin

in Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198723059
eISBN:
9780191789632
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723059.003.0005
Subject:
Law, Constitutional and Administrative Law, Comparative Law

On the example of the French constitutional charter of 1814, in the nineteenth century many constitutions were imposed by monarchs as tools of restoration. By imposing constitutions, monarchs avoided ... More


Conclusion

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter revisits the most troubling aspect of unamendability: its deep tension with democratic constitutionalism. It reasserts the necessity to take seriously the darker reality of ... More


Eternity Clauses in Democratic Constitutionalism

Silvia Suteu

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.001.0001
Subject:
Law, Constitutional and Administrative Law

This book makes a critical contribution to the growing literature on constitutional unamendability, as well as to the broader scholarship in the field of comparative constitutional change. It ... More


In Defense of “French Nonsense”: Fundamental Rights in Constitutional Jurisprudence

Gerald J. Postema

in Utility, Publicity, and Law: Essays on Bentham's Moral and Legal Philosophy

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198793175
eISBN:
9780191835100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793175.003.0010
Subject:
Law, Philosophy of Law

Buried beneath the intemperate rhetoric of Bentham’s attack on natural rights lies a serious challenge to the jurisprudence of rights in constitutional adjudication. The political rhetoric of rights, ... More


Constitutional Adjudication and Democracy

Dieter Grimm

in Constitutionalism: Past, Present, and Future

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198766124
eISBN:
9780191829277
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766124.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the question of compatibility of judicial review with democracy. It considers how the relationship of democracy and constitutional adjudication has remained precarious and ... More


Constitutionalism in Islamic Countries: A Contemporary Perspective of Islamic Law

Mohammad Hashim Kamali

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/9780199759880.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a brief characterization of Islamic constitutional law and its underdeveloped status as compared with other branches of Islamic law. It then highlights salient differences ... More


Conclusion: Beyond Sisyphus and Hercules

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0010
Subject:
Law, Constitutional and Administrative Law

Constitutional Statecraft in Asian Courts offers at once an engaging analysis of Southeast Asia’s unique constitutional context as well as a broader narrative that should resonate in many countries ... More


A ‘Grievous Blow’: The Supersession of Judges

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0014
Subject:
Law, Constitutional and Administrative Law

On April 25, 1973, the day after the Kesavananda decision, All-India Radio's five o'clock news bulletin had announced that A. N. Ray had been appointed the new Chief Justice of India. The President ... More


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