European and US Constitutionalism

  • Filename: european-and-us-constitutionalism.
  • ISBN: 1139446908
  • Release Date: 2005-09-29
  • Number of pages:
  • Author: Georg Nolte
  • Publisher: Cambridge University Press

European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

American Constitutionalism Heard Round the World 1776 1989

  • Filename: american-constitutionalism-heard-round-the-world-1776-1989.
  • ISBN: 0814791395
  • Release Date: 2009-08-01
  • Number of pages: 564
  • Author: George Athan Billias
  • Publisher: NYU Press

Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.

American Constitutionalism Abroad

  • Filename: american-constitutionalism-abroad.
  • ISBN: UOM:39015018501273
  • Release Date: 1990
  • Number of pages: 160
  • Author: George Athan Billias
  • Publisher: Praeger Pub Text

American constitutionalism remains this country's greatest contribution to human freedom. In American Constitutionalism Abroad, six distinguished historians, political scientists, and international law experts, discuss American constitutionalism in various regions of the world at different times and within different contexts. By tracing the influence of the documents, procedures, and institutions that came into being within the United States during the founding period from 1776 to 1791, and by analyzing how they were received and perceived by constitutionmakers in other countries, it is possible to follow the spread of American constitutionalism through various parts of the world over time.

The Worlds of European Constitutionalism

  • Filename: the-worlds-of-european-constitutionalism.
  • ISBN: 9781139501927
  • Release Date: 2011-10-13
  • Number of pages:
  • Author: Gráinne de Búrca
  • Publisher: Cambridge University Press

The idea of the EU as a constitutional order has recently taken on renewed life, as the Court of Justice declared the primacy of EU law not just over national constitutions but also over the international legal order, including the UN Charter. This book explores the nature and character of EU legal and political authority, and the complex analytical and normative questions which the notion of European constitutionalism raises, in both the EU's internal and its external relations. The book culminates in a dialogical epilogue in which the authors' arguments are questioned and challenged by the editor, providing a unique and stimulating approach to the subject. By bringing together leading constitutional theorists of the European Union, this book offers a sharp, challenging and engaging discussion for students and researchers alike.

The U S Constitution and constitutionalism in Africa

  • Filename: the-u-s-constitution-and-constitutionalism-in-africa.
  • ISBN: UOM:39015018494222
  • Release Date: 1990-03-28
  • Number of pages: 147
  • Author: Kenneth W. Thompson
  • Publisher: Univ Pr of Amer

More, perhaps, than any other world region, Africa is a living laboratory for observing the interrelation between American, European, and African ideas of constitutionalism. In the post-World War II era, America sought to bring freedom and self-determination to Africa in what we considered a correction of the policies of the European colonial powers.

The Origins of American Constitutionalism

  • Filename: the-origins-of-american-constitutionalism.
  • ISBN: 0807115061
  • Release Date: 1988
  • Number of pages: 178
  • Author: Donald S. Lutz
  • Publisher: Lsu Press

In The Origins of American Constitutionalism, Donald S. Lutz challenges the prevailing notion that the United States Constitution was either essentially inherited from the British or simply invented by the Federalists in the summer of 1787. His political theory of constitutionalism acknowledges the contributions of the British and the Federalists. Lutz also asserts, however, that the U.S. Constitution derives in form and content from a tradition of American colonial characters and documents of political foundation that began a century and a half prior to 1787. Lutz builds his argument around a close textual analysis of such documents as the Mayflower Compact, the Fundamental Orders of Connecticut, the Rode Island Charter of 1663, the first state constitutions, the Declaration of Independence, and the Articles of Confederation. He shows that American Constitutionalism developed to a considerable degree from radical Protestant interpretations of the Judeo-Christian tradition that were first secularized into political compacts and then incorporated into constitutions and bills of rights. Over time, appropriations that enriched this tradition included aspects of English common law and English Whig theory. Lutz also looks at the influence of Montesquieu, Locke, Blackstone, and Hume. In addition, he details the importance of Americans' experiences and history to the political theory that produced the Constitution. By placing the Constitution within this broader constitutional system, Lutz demonstrates that the document is the culmination of a long process and must be understood within this context. His argument also offers a fresh view of current controversies over the Framers' intentions, the place of religion in American politics, and citizens' continuing role in the development of the constitutional tradition.

Democracy and Constitutionalism in the European Union

  • Filename: democracy-and-constitutionalism-in-the-european-union.
  • ISBN: 9781841131146
  • Release Date: 2000
  • Number of pages: 268
  • Author: Federico Mancini
  • Publisher: Hart Publishing

This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, was first an Advocate General and then a Judge of the Court of Justice of the European Community and who carried an unfaltering belief in the promises and advantages of a federal Europe.

European Union Constitutionalism in Crisis

  • Filename: european-union-constitutionalism-in-crisis.
  • ISBN: 9781317624424
  • Release Date: 2014-10-17
  • Number of pages: 180
  • Author: Nicole Scicluna
  • Publisher: Routledge

Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

The Supreme Court and American constitutionalism

  • Filename: the-supreme-court-and-american-constitutionalism.
  • ISBN: UOM:39015039893048
  • Release Date: 1998
  • Number of pages: 298
  • Author: Bradford P. Wilson
  • Publisher: Rowman & Littlefield Pub Inc

In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as "republican school master", analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government.

The Changing Role of Law in Japan

  • Filename: the-changing-role-of-law-in-japan.
  • ISBN: 9781783475650
  • Release Date: 2014-06-27
  • Number of pages: 296
  • Author: Dimitri Vanoverbeke
  • Publisher: Edward Elgar Publishing

How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

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