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Wednesday, April 29, 2020 | History

6 edition of Constitutionalism, Identity, Difference, and Legitimacy found in the catalog.

Constitutionalism, Identity, Difference, and Legitimacy

Theoretical Perspectives (Constitutional Conflicts)

by Michel Rosenfeld

  • 18 Want to read
  • 12 Currently reading

Published by Duke University Press .
Written in English

    Subjects:
  • Constitutional & administrative law,
  • State, The,
  • History - General History,
  • Reference,
  • USA,
  • General,
  • Legal Studies,
  • Political Theory,
  • Russian/Soviet/Post-Soviet/Eas,
  • Civil rights,
  • Constitutional law,
  • Legitimacy of governments

  • The Physical Object
    FormatPaperback
    Number of Pages448
    ID Numbers
    Open LibraryOL9836884M
    ISBN 100822315165
    ISBN 109780822315162

    The theory of the social contract, developed in the 17th cent. by Thomas Hobbes and John Locke, was fundamental to the development of the modern constitution. The Constitution of the United States, written in and ratified in , was the first important written constitution, and a model for a vast number of subsequent constitutional. The roots of constitutionalism go way back. It didn't just spring up out of nowhere, but rather evolved into what it is now. Way back in , King John of England was forced by a group of wealthy. In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a s "authority" denotes a specific position in an established government, the term "legitimacy" denotes a system of government—wherein "government" denotes "sphere of influence".An authority viewed as legitimate often has the right and justification to exercise power.


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Constitutionalism, Identity, Difference, and Legitimacy by Michel Rosenfeld Download PDF EPUB FB2

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet : Rosenfeld.

More specifically, each of the three general features of constitutionalism identified above—namely, limited government, adherence to the rule of law, and protection of fundamental rights—acquires its legitimacy in relation to a sociopolitical reality oriented towards conflicting poles of identity and : Michel Rosenfeld is Professor of Law at the Benjamin N.

Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal cturer: Duke University Press Books.

Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives. Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.5/5(1).

Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences Cited by: Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives Michel Rosenfeld Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.

Michel Rosenfeld is Professor of Law at the Benjamin N. Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal Theory.

Constitutionalism, Identity, Difference, and Legitimacy. Theoretical Perspectives. Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.

Constitutional Identity trying criminals, the German court identified itself with what it took to be a humanist, life-affirming current in German culture. Constitutionalism, Identity, Difference, and Legitimacy Theoretical Perspectives Edited by Michel Rosenfeld Duke University Press Durham and London Add to basket Add to wishlist.

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.

Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives [Michel Rosenfeld]. Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soar.

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.

Since World War II there has also been a proliferation of new constitutions Brand: Duke University Press. This gives rise to a “legitimacy gap”; a constitution must be therefore be legitimized by non-constitutional sources.

Even in the rare instance where a prior constitution lays provisions for its self-replacement, the original constitution must have derived its authority from a non-constitutional Author: Brian Chau. enforceable and as the highest law of the land).

a: RULE OF LAW Ma constitutionalism, these being: limiting the powers of government, adherence to the rule of law, and protection of fundamental by: Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union.

Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These. Theoretical Perspectives, Constitutionalism, Identity, Difference, and Legitimacy, Michel Rosenfeld, Duke University Press Books.

Des milliers de livres avec la livraison chez vous en 1 jour ou en magasin avec -5% de réduction. ] LEGITIMACY OF CONSTITUTIONAL DEMOCRACY stake Consistent with this, the rule of law has come to mean different things to various legal traditions, as evinced by the contrasts between Anglo-American “rule of law,” German Rechtsstaat, and French État de droit Even within a single tradition, it is not clear whether the rule of law ought to be largely, if not exclusively File Size: KB.

ISBN: OCLC Number: Notes: "Originally published as a special issue of the Cardozo law review, 'Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and diversity, ' vol. 14, nos. (January )"--Title page verso.

ISBN: X OCLC Number: Notes: "Originally published as a special issue of the Cardozo law review, 'Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and diversity, ' vol. 14, nos. (January )"--Title page verso.

Global Constitutionalism (GlobCon) offers an interdisciplinary space for addressing the foundations, limitations and contestations of the principles and norms of political order and their dynamics over time on a global scale. The journal publishes cutting-edge peer-reviewed work which refers to and advances global constitutionalism as an.

Constitutionalism is sometimes regarded as a synonym for limited government. On some accounts, this doctrine is associated in its turn with minimal or less government. and popular legitimacy. Constitutions without legitimacy are no constitution at all, and legitimacy is a function of values, which in turn serve as the foundation of constitutionalism.

It is through the construction of those values frameworks that international law has come to play an increasingly important : Larry Catá Backer. identity and pre-constitutional identity create each other in an interdependent relationship.

Secondly, I intend to analyze constitutional identities of the socialist Yugoslavia, created and re-defined by the constitution, and offer an explanation of their role in the state.

challenged by a view that constitutional legitimacy requires conformity with a system of universal norms grounded in an elaboration of the mores of the community of nations. Traditional nationalist constitutionalism looks inward for its ideology as well as its yardstick for measuring others.

Transnational constitutionalism looks to the common. Law and Revolution Legitimacy and Constitutionalism After the Arab Spring Nimer Sultany. Includes a preface to the paperback edition, addressing the developments in the Arab Spring; A comprehensive examination of the constitutional order that preceded and followed the revolutions in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain.

It looks into the effect of institutional dualism on state stability, constitutionalism and national identity in postcolonial African states and societies. Statistical analyses confirm that there is strong evidence for duality between urban and rural citizens in their support of constitutions and endorsement of traditional form of : Berhane Berhe Araia.

Max Weber's views on law are best understood in relation to his general analysis of types of political authority. Weber provided, amongst other elements of his political sociology, a conceptual framework for systematic analysis of the role of law in securing political legitimacy.

The significance of this conceptual framework lies partly in the fact that it reflects and promotes a view of Author: Roger Cotterrell. constitutional system may not be the ending place for such an examination, but, given the central place of the Constitution in the minds of both citizens and those in government, it is an essential starting place.

Spicer and Terry stake out one posi- tion of what the Constitution can mean for the legitimacy. Books & Books & More The Literary Life with Mitchell Kaplan: A Podcast Mitchell Kaplan has been a bookseller and has owned the independent bookstores Books & Books for over 35 years.

The plethora of books, monographs, articles, dissertations and assorted academic writings on state formation should be sufficient to make two things clear, however. The first is that this essay does not seek to make any all-encompassing conclusions, but rather to shed light from a different angle on the topic.

The Oxford Handbook of Comparative Constitutional Law, edited by Michel Rosenfeld and András Sajó, – New York: Oxford University Press, Arato, Andrew. “Dilemmas Arising from the Power to Create Constitutions in Eastern Europe.” In Constitutionalism, Identity, Difference, and Legitimacy:File Size: KB.

Aristotle. Some of the earliest accounts of legitimacy come from early Greek thought. Aristotle is mainly concerned with the stability of the government. While he argues that the legitimacy of the government relies upon constitutionalism and consent, he posits that political stability relies upon the legitimacy of rewards.

In his book Politics, Aristotle argues the ways in which rewards are. Constitutionalism, doctrine that a government’s authority is determined by a body of laws or constitution. Although constitutionalism is sometimes regarded as a synonym for limited government, that is only one interpretation and by no means the most prominent one historically.

More generally. Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry.

Synonyms for book at with free online thesaurus, antonyms, and definitions. Find descriptive alternatives for book. Constitutional Politics in Post-Conflict Situations: Conceptual Clarifications and an Appraisal of Different Approaches Armin von Bogdandy/ Stefan Häußler/ Felix Hanschmann/ Raphael Utz I.

Defining the Issues 1. A Useful Distinction a. State Failure and State-Building b. Nation Failure and Nation-Building c. The Habitus of Obedience to Law 2. that liberal constitutionalism is unable to accommodate the increasing diversity and pluralism found in modern societies.

Its strong commitment to pre-political principles of justice makes it insensitive and unable to respond adequately to political claims based on (among others) culture, identity, religion, race, ethnicity and gender.

Democracy, Popular Sovereignty, and Constitutional Legitimacy Democracy, Popular Sovereignty, and Constitutional Legitimacy Chambers, Simone Footnotes I would like to thank Jean Cohen, Markus Dubber, Jürgen Habermas, Bonnie Honig (and her theory seminar), Goran Hyden, Jeffrey Kopstein, David Laycock, Peter Russell, Bill Scheuerman, Tine Stein, and Jim.

Rosenfeld is the author of several books, including Affirmative Action and Justice: A Philosophical and Constitutional Inquiry (Yale Univ. Press ), which in was named outstanding book on the subject of human rights in the U.S.

by the Gustave Meyers Center; Just Interpretations: Law Between Ethics and Politics (Univ. of California Press. The three Aristotelian constitutional categories and their negative counterparts, plus various “mixed” forms, provided a political grammar in early modernity about as rich or poor as the five concepts squeezed into the title of Jean Cohen’s new book: “globalization,” “sovereignty,” “legality,” “legitimacy,” and Author: Martti Koskenniemi.“An English translation of Carl Schmitt’s Legalität und Legitimität is long ty and Legitimacy concludes the critique of legal positivism and the rationality of statute law he began in The Crisis of Parliamentary Democracy and Political Theology and does so in the historical context of Weimar’s final crisis.

It was an important argument at the time and is just as.THE RULE OF LAW AND THE LEGITIMACY OF CONSTITUTIONAL DEMOCRACY BY MICHEL ROSENFELD* I. INTRODUCTION The rule of law is a cornerstone of contemporary constitutionaldemocracy1 as was underscored by its role in cementing the recenttransitions from authoritarian or totalitarian regimes2 to constitutionaldemocracy in Eastern Europe and elsewhere.3 In .