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Dynamics In The French Constitution

Author: David Marrani
Publisher: Routledge
ISBN: 1135105421
Size: 72.98 MB
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The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.

Equal Citizenship Civil Rights And The Constitution

Author: Christopher Green
Publisher: Routledge
ISBN: 1317539397
Size: 31.96 MB
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The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

The Legal Philosophy And Influence Of Jeremy Bentham

Author: Guillaume Tusseau
Publisher: Routledge
ISBN: 1317664752
Size: 36.97 MB
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Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

Freedom Of Speech

Author: Uladzislau Belavusau
Publisher: Routledge
ISBN: 1135071985
Size: 53.53 MB
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This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

The Dialectics Of Citizenship

Author: Bernd Reiter
Publisher: MSU Press
ISBN: 1628951621
Size: 41.69 MB
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What does it mean to be a citizen? What impact does an active democracy have on its citizenry and why does it fail or succeed in fulfilling its promises? Most modern democracies seem unable to deliver the goods that citizens expect; many politicians seem to have given up on representing the wants and needs of those who elected them and are keener on representing themselves and their financial backers. What will it take to bring democracy back to its original promise of rule by the people? Bernd Reiter’s timely analysis reaches back to ancient Greece and the Roman Republic in search of answers. It examines the European medieval city republics, revolutionary France, and contemporary Brazil, Portugal, and Colombia. Through an innovative exploration of country cases, this study demonstrates that those who stand to lose something from true democracy tend to oppose it, making the genealogy of citizenship concurrent with that of exclusion. More often than not, exclusion leads to racialization, stigmatizing the excluded to justify their non-membership. Each case allows for different insights into the process of how citizenship is upheld and challenged. Together, the cases reveal how exclusive rights are constituted by contrasting members to non-members who in that very process become racialized others. The book provides an opportunity to understand the dynamics that weaken democracy so that they can be successfully addressed and overcome in the future.

The French Fifth Republic At Fifty

Author: Sylvain Brouard
Publisher: Palgrave Macmillan
ISBN: 9780230221246
Size: 13.63 MB
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Addresses essential questions about the determinants and dynamics of the French political system and of its institutions, dispelling the stereotypical view of it as an exceptional model of politics.

French Discourse Analysis

Author: Glyn Williams
Publisher: Routledge
ISBN: 1317854004
Size: 35.14 MB
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For the first time in English, Glyn Williams draws together current debates in linguistics and social theory, and provides the first study in English of the principles and theories of French discourse analysis.

Distinction

Author: Pierre Bourdieu
Publisher: Routledge
ISBN: 113587316X
Size: 26.63 MB
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No judgement of taste is innocent - we are all snobs. Pierre Bourdieu's Distinction brilliantly illuminates the social pretentions of the middle classes in the modern world, focusing on the tastes and preferences of the French bourgeoisie. First published in 1979, the book is at once a vast ethnography of contemporary France and a dissection of the bourgeois mind. In the course of everyday life we constantly choose between what we find aesthetically pleasing, and what we consider tacky, merely trendy, or ugly. Taste is not pure. Bourdieu demonstrates that our different aesth

Dynamics Of Contention

Author: Doug McAdam
Publisher: Cambridge University Press
ISBN: 9780521011877
Size: 34.43 MB
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Dissatisfied with the compartmentalization of studies concerning strikes, wars, revolutions, social movements, and other forms of political struggle, McAdam, Tarrow, and Tilly identify causal mechanisms and processes that recur across a wide range of contentious politics. Critical of the static, single-actor models (including their own) that have prevailed in the field, they shift the focus of analysis to dynamic interaction. Doubtful that large, complex series of events such as revolutions and social movements conform to general laws, they break events into smaller episodes, then identify recurrent mechanisms and proceses within them. Dynamics of Contention examines and compares eighteen contentious episodes drawn from many different parts of the world since the French Revolution, probing them for consequential and widely applicable mechanisms, for example, brokerage, category formation, and elite defection. The episodes range from nineteenth-century nationalist movements to contemporary Muslim-Hindu conflict to the Tiananmen crisis of 1989 to disintegration of the Soviet Union. The authors spell out the implications of their approach for explanation of revolutions, nationalism, and democratization, then lay out a more general program for study of contentious episodes wherever and whenever they occur.

Internet And Society

Author: Christian Fuchs
Publisher: Routledge
ISBN: 1135898820
Size: 72.85 MB
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In this exceptional study, Christian Fuchs discusses how the internet has transformed the lives of human beings and social relationships in contemporary society. By outlining a social theory of the internet and the information society, he demonstrates how the ecological, economic, political, and cultural systems of contemporary society have been transformed by new ICTs. Fuchs highlights how new forms of cooperation and competition are advanced and supported by the internet in subsystems of society and also discusses opportunities and risks of the information society.