Cargando…
Weak Constitutionalism : Democratic Legitimacy and the Question of Constituent Power.
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor and Francis,
2012.
|
| Colección: | Routledge research in constitutional law.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Front Cover; Weak Constitutionalism; Copyright Page; Contents; Acknowledgements; 1. Introduction: towards a weak constitutionalism; Democratic constitutionalism; Democracy and the fundamental laws; Constituent power; Democratic legitimacy; Weak constitutionalism; Outline of the argument; 2. The end of constitutionalism; The aspiration to permanence (or the fear of constituent power); Constitutionalism as the protector of democracy; Beyond 'democratic rights': the extra-democratic effects of constitutions; Concluding remarks; 3. The second dimension of democracy.
- The two dimensions of democracyThe theory and practice of substantive and procedural democracy; Ignoring the second dimension of democracy; The second dimension of democracy: approaching constituent power; Concluding remarks; 4. Democracy's principles; The principle of democratic openness; The principle of popular participation; Negating democratic openness; Negating popular participation; Concluding remarks; 5. The theory (and practice) of constituent power; Locke and Lawson: constituent power or right of resistance?; Sieyes and Schmitt on constituent power and constitutional remaking.
- Constituent power in contemporary constitutionalismConcluding remarks; 6. The idea of democratic legitimacy; The idea of legitimacy; Towards a conception of democratic legitimacy; Democratic legitimacy and the risks of constituent power; The conditions of democratic legitimacy; Concluding remarks; 7. The transformation of the juridical; Schmitt and Rawls on the limits of constitutional reform; The judicial doctrine of constitutional substitution; Constitutional reform and acts of the people; Concluding remarks; 8. The beginnings of weak constitutionalism; Weak constitutionalism.
- Exercising constituent power or weak constitutionalism's mechanismsOf constituent assemblies convened from below; Constituent assemblies and unwritten constitutions; Concluding remarks; 9. Activating constituent power; The activation/execution distinction; Of revolutions, informal assemblies, and other protests; Concluding remarks; 10. Conclusion; Bibliography; Index.