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Sociology Of Constitutions

Author: Alberto Febbrajo
Publisher: Routledge
ISBN: 1317052927
Size: 63.29 MB
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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

The Mauritian Paradox

Author: Ramtohul, Ramola
Publisher: University of Mauritius Press
ISBN: 9990373485
Size: 13.40 MB
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Speaking of Mauritius as an economic miracle has become a cliché, and with good reason: Its development since Independence in 1968 can easily be narrated as a rags-to-riches story. In addition, it is a stable democracy capable of containing the conflict potential inherent in its complex ethnic and religious demography. This book brings together some of the finest scholarship, domestic as well as foreign, on contemporary Mauritius, offering perspectives from constitutional law, cultural studies, sociology, archaeology, economics, social anthropology and more. While celebrating the indisputable, and impressive, achievements of the Mauritian nation on its fiftieth birthday, this book is far from toothless. Looking back inevitably implies looking ahead, and in order to do so, critical self-scrutiny is essential, to be able to learn from the mistakes of the past. The contributors raise fundamental questions concerning a broad range of issues, from the dilemmas of multiculturalism to the marginal role of women in public life, from the question of constitutional reform and the continued problem of corruption to the slow destruction of Mauritius’ joy and pride, namely the beauty and purity of its natural scenery. Taking stock of the first fifty years, this book also looks ahead to the next fifty years, giving some cues as to where Mauritius can and should aim in the next decades.

Paradoxes And Inconsistencies In The Law

Author: Oren Perez
Publisher: Bloomsbury Publishing
ISBN: 1847311784
Size: 70.61 MB
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Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction and economics.

Governance And Constitutionalism

Author: Bogdan Iancu
Publisher: Routledge
ISBN: 1351798944
Size: 77.86 MB
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This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or ‘independent agencies’ as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, ‘agentification’ as a result of internationalisation, and ‘agentification’ as a reflex and consequence of transnational polity-building within the EU.

A Sociology Of Transnational Constitutions

Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107038529
Size: 79.96 MB
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This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.

Sociological Constitutionalism

Author: Paul Blokker
Publisher: Cambridge University Press
ISBN: 110850924X
Size: 53.69 MB
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This landmark book provides the first systematic overview of the key scholarly contributions in an emerging field of research on constitutionalism: the sociology of constitutions. It presents chapters offering very different normative and methodological approaches to constitutions, ranging from analysis of national constitutional law, to research on transnational legal forms, to discussions of the constitutional impact of international human rights law. The book makes an important contribution to a series of wider debates - spanning constitutional law, legal theory, comparative constitutionalism, sociology, and political science - about the changing nature of constitutionalism. Researchers and students in constitutional law will gain a comprehensive appreciation of a diverse range of distinctively sociological approaches to constitutional law and an in-depth understanding of distinctive sociological dimensions of constitutions. The book offers new insights into the sources of constitutional normativity in society and it proposes different sociological methods for addressing them.

Law And The Formation Of Modern Europe

Author: Mikael Rask Madsen
Publisher: Cambridge University Press
ISBN: 1107044057
Size: 10.97 MB
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Presents a series of distinct sociological inquiries into the formation of contemporary European law and society.

Alienated

Author: Victor C. Romero
Publisher: NYU Press
ISBN: 9780814776742
Size: 62.50 MB
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Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law paradox” that reserves certain rights for U.S. citizens only, while simultaneously purporting to treat all people fairly under constitutional law regardless of citizenship. As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.

Economic Governance In Europe

Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0191065943
Size: 45.68 MB
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The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.