Philosophical Foundations of Constitutional LawDavid Dyzenhaus, Malcolm Thorburn Oxford University Press, 5 Şub 2016 - 350 sayfa Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy. |
İçindekiler
| 1 | |
| 7 | |
II Constitutional Authority | 117 |
III Constitutional Fundamentals | 199 |
IV Constitutional Rights and their Limitation | 281 |
Diğer baskılar - Tümünü görüntüle
Philosophical Foundations of Constitutional Law David Dyzenhaus,Malcolm Thorburn Sınırlı önizleme - 2016 |
Philosophical Foundations of Constitutional Law David Dyzenhaus,Malcolm Thorburn Sınırlı önizleme - 2016 |
Sık kullanılan terimler ve kelime öbekleri
A. V. Dicey argue argument authority basic Cambridge University Press citizens claim common law conception consti constituent power constitution-making constitutional amendment constitutional construction constitutional implication constitutional interpretation constitutional law constitutional norms constitutional rights constitutional structure constitutional text constitutional theory constitutionalism context debate decisions democracy democratic discrimination doctrine Dworkin Dyzenhaus enacted equal example exercise fiduciary formal freedom function fundamental H. L. A. Hart Hart Hobbes Ibid implied meaning individual institutions international law joint action judges judicial review justification Kelsen Law Review law’s lawmaking legal order legal positivism legislative legislature legitimacy legitimate liberty limits moral ordinary law Oxford University Press perspective philosophy philosophy of law political constitutionalists popular sovereignty practical prerogative principles proportionality question reason Rechtsstaat requires role Ronald Dworkin rule of law rule of recognition separation of powers state’s statute stereotypes substantive Supreme Court tion tional tutional unfair unwritten Waldron written constitution