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Paradox of Constitutionalism : Constituent Power and Constitutional Form by Neil Walker (2008, Trade Paperback)

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The Paradox of Constitutionalism by Martin Loughlin, Neil Walker. Title The Paradox of Constitutionalism. Publisher Oxford University Press. Health & Beauty. Format Paperback.

About this product

Product Identifiers

PublisherOxford University Press, Incorporated

ISBN-100199552207

ISBN-139780199552207

eBay Product ID (ePID)69603567

Product Key Features

Number of Pages392 Pages

LanguageEnglish

Publication NameParadox of Constitutionalism : Constituent Power and Constitutional Form

SubjectConstitutional, History & Theory, General

Publication Year2008

TypeTextbook

Subject AreaLaw, Political Science

AuthorNeil Walker

FormatTrade Paperback

Dimensions

Item Height0.9 in

Item Weight23.2 Oz

Item Length9.2 in

Item Width6.1 in

Additional Product Features

Intended AudienceScholarly & Professional

TitleLeadingThe

Dewey Edition22

Dewey Decimal320.01/1

Table Of ContentIntroduction1. Constituent Power and Reflexive Identity: Towards an Ontology of Collective SelfhoodA Conceptual History of Constituent Power2. Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice3. Constituent Power and Constitutional Change in American Constitutionalism4. Constituent Power in France: The Revolution and its Consequences5. 'We are (afraid of) the people': Constituent Power in German Constitutionalism6. People and Elites in Republican Constitutions, Traditional and ModernThe Articulation of Constituent Power: Rival Conceptions7. The Politics of the Question of Constituent Power8. Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State9. Constitutionalism's Post-Modern Opening10. Against Substitution: The Constitutional Thinking of DissensusExtension and Diversification of Constituent Power11. The Exercise of Constituent Power in Central and Eastern Europe12. 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States13. Post-Constituent Constitutionalism? The Case of the European Union14. 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law15. Constituent Power and the Pluralist Ethic16. The Imperialism of Modern Constitutional Democracy

SynopsisThe book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines at the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order. The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyse how the puzzles associated with the question of constituent power are played out in these increasingly important settings., The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as a critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order. The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyse how the puzzles associated with the question of constituent power are played out in these increasingly important settings., The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines at the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order. The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyze how the puzzles associated with the question of constituent power are played out in these increasingly important settings., The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book.

LC Classification NumberK3289