A Brief History of Constitutional Theory in Britain

2020 ◽  
Author(s):  
Jeffrey Denys Goldsworthy
Keyword(s):  
Constitutional Theory ◽  
History Of

Reviews: The British Ombudsman, The History of the Liberal Party 1895–1970, Lancashire and the New Liberalism, Ireland's English Question, Liberalism in South Africa 1948–1963, The Gentle Anarchists: A Study of the Leaders of the Sarvodaya Movement for Non-Violent Revolution in India, The Finnish Political System, Politics and Society in De Gaulle's Republic, Fédéralisme et Nations, The Soviet Union Under Brezhnev and Kosygin, The Behavioral Revolution and Communist Studies, The Origins of Polish Socialism: The History and Ideas of the First Polish Socialist Party 1878–1886, The Intellectual Origins of the Prague Spring: The Development of Reformist Ideas in Czechoslovakia 1956–1967, The Secret Vysočany Congress: Proceedings and Documents of the Extraordinary Fourteenth Congress of the Communist Party of Czechoslovakia, 22 August, 1968, the Czechoslovak Experiment 1968–1969, Democracy, Polyarchy, Empirical Democratic Theory, Voting and Collective Choice, Social Movement, Constitutional Theory, Magna Carta: The Heritage of Liberty, Natural Law in Political Thought, A Dialogue between A Philosopher and A Student of the Common Laws of England, from Kingdom to Commonwealth, Adam Smith's Science of Morals, Auguste Blanqui and the Art of Insurrection, Alienation: Marx's Conception of Man in Capitalist Society, the Thought of Karl Marx: An Introduction, Capitalism & Modern Social Theory, Introduction to International Politics, a Theoretical Overview, Instructor's Guide(for Introduction to International Politics, International Politics Today, Contemporary International Politics: Introductory Readings, Every War Must End, Politics and the Stages of Economic Growth

1972 ◽  
Vol 20 (2) ◽  
pp. 226-266
Author(s):  
Geoffrey Marshall ◽  
J. Rasmussen ◽  
P. M. H. Bell ◽  
J. H. Whyte ◽  
D. J. Murray ◽  
...  
Keyword(s):  
Soviet Union ◽  
Karl Marx ◽  
International Politics ◽  
Constitutional Theory ◽  
Liberal Party ◽  
The Soviet Union ◽  
Conception Of Man ◽  
Intellectual Origins ◽  
History Of ◽  
Instructor's Guide

The Possibility of Constitutional Theory

2017 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Constitutional Law ◽  
Legal Positivism ◽  
Political Regime ◽  
Constitutional Theory ◽  
Legal Systems ◽  
Moral Question ◽  
Political Morality ◽  
Government Power ◽  
History Of ◽  
State Coercion

This chapter sets out the main tenets of moralized constitutional theory, which supplies the methodology of the book. According to moralized constitutional theory the purpose of constitutional law is to buttress the legitimacy of a political regime by furnishing standing assurances that government power will be used properly. Although moralized constitutional theory maintains that contentious constitutional law issues are ultimately determined by principles of political morality, it is compatible with both legal positivism and anti-positivism. Moreover, it does not ignore either the history of different legal systems or considerations of political exigency to which constitutions are also sensitive. But it insists that the overarching reason history and political exigency matter is a moral one. Nor does moralized constitutional theory block reform. It is only meant to answer the pressing moral question under what conditions state coercion is warranted here and now.

A critical legal history of French banking and industrialisation: an alternative to the law and development framework

2019 ◽  
Vol 7 (2) ◽  
pp. 215-251
Author(s):  
Jamee K Moudud
Keyword(s):  
Legal History ◽  
Constitutional Theory ◽  
Law And Development ◽  
Development Framework ◽  
History Of ◽  
The Law

Abstract Money is central to production and the constitutional theory of money has emphasised its fundamentally public foundations, with flows of credit being demand-determined. Using France as a case study, this paper challenges the Law and Development framework by discussing law’s constitutive role in promoting industrialisation via the mobilisation of credit.

The Vices of Institutional Instrumentalism A Comment on Tushnet, The Rights Revolution in the Twentieth Century

2009 ◽  
Vol 42 (3) ◽  
pp. 464-471 ◽  
Author(s):  
Alon Harel
Keyword(s):  
Twentieth Century ◽  
Legal History ◽  
Careful Analysis ◽  
Constitutional Theory ◽  
Legal Tradition ◽  
Legal Evolution ◽  
The World ◽  
History Of ◽  
Similarities And Differences ◽  
The U.S

Reading Tushnet's careful analysis of the history of the American rights revolution filled me with envy. One of the great advantages of writing about law in the U.S. is the ability to experience and benefit from centuries of sustained legal evolution. The world of an Israeli law professor whose horizons barely reach the middle of the twentieth century is impoverished in comparison to the enriching experience of living in a mature and rich legal tradition such as that of the U.S.Living in a different legal tradition and being ignorant of legal history—a field which only began to develop in Israel in the late 1990s—it will be pretentious on my part to try and challenge Tushnet's findings or even to try and explore the similarities and differences with the rights revolution in the Israeli legal system. Instead, I wish to explore the relevance of Tushnet's findings to constitutional theory and argue that constitutional theorists have some important lessons to learn from Tushnet's careful historical observations.

Die normative Kraft des Faktischen

2020 ◽  
Keyword(s):  
Political Theory ◽  
Max Weber ◽  
State Theory ◽  
Constitutional Theory ◽  
The European Union ◽  
Constitutional Politics ◽  
Normative Force ◽  
Political Ideas ◽  
Long Time ◽  
History Of

Georg Jellinek was the most important representative of constitutional theory of his time. Up to now, his conceptions have been discussed in international state theory. Whether a two-sided theory, a three-element doctrine or a four-status doctrine—Jellinek imposed himself on the history of constitutional theory with concise numerical formulas. For a long time, his concept of the ‘normative force of the factual’ has been part of the fixed vocabulary of constitutional and political theory. Celebrated as a masterpiece on its publication, his opus magnum ‘Allgemeine Staatslehre’ was quickly translated into all the world’s languages. For Max Weber, Jellinek was the only representative of constitutional theory of worldwide standing. The contributions in this volume discuss the central aspects of Jellinek’s political and constitutional theory, examining its relevance for the solution of today's problems, not least the questions of statehood and the syndicate nature of the European Union. Andreas Anter’s fields of research include state theory, the history of political ideas and constitutional politics. With contributions by Andreas Anter, Hans Boldt, Stefan Breuer, André Brodocz, Jens Kersten, Dieter Koop, Oliver Lepsius, Walter Pauly, Martin Siebinger

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