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The Constitutional Contract

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0011
Subject:
Law, Public International Law

In the modern world, constitutions are conceived as contracts drawn up by ‘the people’ to establish and limit the powers of governing institutions. This modern concept of the constitution, which ... More


People and Elites in Republican Constitutions, Traditional and Modern

John P. McCormick

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/9780199552207.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Utilising the works of the early 16th century Florentine republicans, Guicciardini and Machiavelli, this chapter focuses on a critical distinction between traditional and modern constitutions. In ... More


Constitutional Law and Citizenship Claims

Flavia Agnes

in Family Law Volume 1: Family Laws and Constitutional Claims

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198067900
eISBN:
9780199081295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198067900.003.0002
Subject:
Law, Family Law

This chapter studies a modern constitution and its different provisions, as well as its assurances of freedom and equality to its female citizens. Compared to the previous chapter, this chapter is ... More


Conditions for the Emergence and Effectiveness of Modern Constitutionalism

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/9780198766124.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter traces the emergence of the modern constitution in North America and France at the end of the eighteenth century. More specifically, it seeks to explain what made the modern constitution ... 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


The Future of Constitutionalism

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/9780198766124.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter describes the emergence of the modern constitution and the roles and functions assigned to the state, in order to consider the future of the constitution under changed conditions. ... More


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