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The Constitution As Political Structure
by Martin H. RedishOver the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.
Constitution for a Future Country
by M. BaileyThis book offers ways to overcome problems that arise because voters, politicians and bureaucrats pursue selfish interests rather than the general interest in their political behaviour. It combines previously published ideas about charging people the costs of their political actions and selling insurance against unfavourable political outcomes, with new ideas about competing legislatures and incentives for generating efficient political outcomes. The book includes new theorems about the mechanisms that are discussed, as well as a proposed constitution and its rationale.
Constitution-Making and the Labour Party
by M. EvansSince coming to power in 1997 the Labour government 's programme of constitutional reform represents an historic challenge to both British constitutional doctrine and Labour Party orthodoxy. Mark Evans examines the nature and extent of this challenge and argues that the New Constitutionalism is a key element of a policy agenda that in its most crucial aspects reflects the continuing transformation of the British industrial-welfare state into a competition state. Constitution-Making and the Labour Party analyzes key areas of reform under the Blair government from the perspective of Labour Party history and contemporary policy analysis.
The Constitution of Ancient China (The Princeton-China Series)
by Su Su Li Zhang Yongle Daniel A. Bell Edmund RydenHow was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution.Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli—who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
The Constitution of Ancient China (The Princeton-China Series)
by Su Su Li Zhang Yongle Daniel A. Bell Edmund RydenHow was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution.Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli—who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
The Constitution of Capital: Essays on Volume 1 of Marx's Capital
by R. Bellofiore N. TaylorThe essays in this collection address specific themes in Volume I of Marx's Capital . Although the essays can be read independently, they present complementary perspectives on issues at the cutting edge of recent scholarship on Marx's work. Although all Parts of Capital I are discussed, the book is not intended to be a textbook. It will be read by specialists in the field as well as graduate students in the history of economic thought, political economy and philosophy.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of Liberty: The Definitive Edition (The Collected Works of F. A. Hayek #17)
by F. A. HayekFrom the $700 billion bailout of the banking industry to president Barack Obama’s $787 billion stimulus package to the highly controversial passage of federal health-care reform, conservatives and concerned citizens alike have grown increasingly fearful of big government. Enter Nobel Prize–winning economist and political theorist F. A. Hayek, whose passionate warning against empowering states with greater economic control, The Road to Serfdom, became an overnight sensation last summer when it was endorsed by Glenn Beck. The book has since sold over 150,000 copies. The latest entry in the University of Chicago Press’s series of newly edited editions of Hayek’s works, The Constitution of Liberty is, like Serfdom, just as relevant to our present moment. The book is considered Hayek’s classic statement on the ideals of freedom and liberty, ideals that he believes have guided—and must continue to guide—the growth of Western civilization. Here Hayek defends the principles of a free society, casting a skeptical eye on the growth of the welfare state and examining the challenges to freedom posed by an ever expanding government—as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In opposition to those who call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights are timelier and more welcome than ever before. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from his enduring wisdom.
The Constitution of the United States Revised and Updated
by Michael H. DeArmeyAt this moment of extreme political polarization in the U.S. which has the potential to threaten the very foundations of the state, Professor Michael DeArmey proposes a revised and updated Constitution. This enriched, reborn Constitution retains much of the current Constitution but also seeks to meliorate and indeed resolve entirely many of the seemingly intractable problems in American democracy. The rights of American citizens are revisited and expanded, and for the first time a wholly new Bill of Goods sets out government’s role in assisting in the necessities for life. Also new is a Bill of Citizen Duties and Responsibilities. The book contains a careful defense of the proposed changes, including individual chapters focusing on the most controversial topics. Other chapters explore why a constitution is needed and survey the Federalist papers on Constitutional structure. The book also examines the writings of Aristotle, John Adams’ Defence, and the correspondence of Madison and Jefferson.
The Constitution of Western Australia: An Exploration
by Alan Fenna Sarah MurrayThis book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
Constitutional Confrontation in Hong Kong: Issues and Implications of the Basic Law
by Michael C. DavisAn examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Constitutional Debates, Rhetoric, and Political Philosophy in Spain’s Parliamentary History (Rhetoric, Politics and Society)
by Francisco J. BellidoThis book examines the conceptual contributions of constituent representatives in Spain during the nineteenth and twentieth centuries. The Spanish Parliament has been the stage for the political modernisation of the country. Constitutional debates have historically led to the gradual acknowledgement and broadening – usually unevenly – of citizens’ rights. At the same time, constitutional debates have created opportunities to design institutions and settle legal mechanisms to enforce rights and distribute state resources. The book identifies and analyses rhetorical and conceptual innovations produced in such debates from a historical perspective.
Constitutional Essentials: On the Constitutional Theory of Political Liberalism
by Frank I. MichelmanIs the constitution ideally "legal" or "political"? "Written" or "unwritten"? How thick or thin are its principles and guarantees? Where does constitutional fidelity fit among liberal political virtues? What of "restraint" in the conduct of judicial constitutional review, or "originalism" in constitutional interpretation? These are questions raised by lawyers in constitutional-democratic societies throughout the world. In Constitutional Essentials: On the Constitutional Theory of Political Liberalism, Michelman not only raises these questions but explains why these debates persist in modern day constitutional democracies. Through the lens of John Rawls' seminal work Political Liberalism, Michelman responds to the problems governments of constitutional-democratic societies face from deep-lying disagreement among citizens. Rawls' suggested one solution: a "constitution," one that included a bill of rights-that all, despite other disagreements, could accept. Michelman explains Rawls' proposal, placing it within a duality of functions -"regulatory" and "justificatory" - for which, he says, lawyers in constitutional-democratic societies typically look to their countries' bodies of constitutional law. A close examination of the constitution-centered proposition on political legitimacy, this book will be valuable reading to academics in the fields of politics, philosophy, and law.
Constitutional Essentials: On the Constitutional Theory of Political Liberalism
by Frank I. MichelmanIs the constitution ideally "legal" or "political"? "Written" or "unwritten"? How thick or thin are its principles and guarantees? Where does constitutional fidelity fit among liberal political virtues? What of "restraint" in the conduct of judicial constitutional review, or "originalism" in constitutional interpretation? These are questions raised by lawyers in constitutional-democratic societies throughout the world. In Constitutional Essentials: On the Constitutional Theory of Political Liberalism, Michelman not only raises these questions but explains why these debates persist in modern day constitutional democracies. Through the lens of John Rawls' seminal work Political Liberalism, Michelman responds to the problems governments of constitutional-democratic societies face from deep-lying disagreement among citizens. Rawls' suggested one solution: a "constitution," one that included a bill of rights-that all, despite other disagreements, could accept. Michelman explains Rawls' proposal, placing it within a duality of functions -"regulatory" and "justificatory" - for which, he says, lawyers in constitutional-democratic societies typically look to their countries' bodies of constitutional law. A close examination of the constitution-centered proposition on political legitimacy, this book will be valuable reading to academics in the fields of politics, philosophy, and law.
A Constitutional History of the Kingdom of Eswatini (African Histories and Modernities)
by Hlengiwe Portia DlaminiSwaziland—recently renamed Eswatini—is the only nation-state in Africa with a functioning indigenous political system. Elsewhere on the continent, most departing colonial administrators were succeeded by Western-educated elites. In Swaziland, traditional Swazi leaders managed to establish an absolute monarchy instead, qualified by the author as benevolent and people-centred, a system which they have successfully defended from competing political forces since the 1970s. This book is the first to study the constitutional history of this monarchy. It examines its origins in the colonial era, the financial support it received from white settlers and apartheid South Africa, and the challenges it faced from political parties and the judiciary, before King Sobhuza II finally consolidated power in 1978 with an auto-coup d’état. As Hlengiwe Dlamini shows, the history of constitution-making in Swaziland is rich, complex, and full of overlooked insight for historians of Africa.
Constitutional Morality and the Rise of Quasi-Law
by Bruce P. FrohnenAmericans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Constitutional Morality and the Rise of Quasi-Law
by Bruce P. FrohnenAmericans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Constitutional Mythologies: New Perspectives on Controlling the State (Studies in Public Choice #23)
by Alain MarcianoOur societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.
Constitutional Politics in a Conservative Era: Special Issue (Studies in Law, Politics, and Society #44)
by Austin SaratThis volume of "Studies in Law, Politics, and Society" presents a unique special issue "Constitutional Politics in a Conservative Era". This issue brings together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development. Much of the way Americans have thought about Constitutional law has, until recently, been dominated by models developed during the Warren Court Era. Today, however, scholars seek new approaches, approaches that do not take for granted liberal hegemony in the courts. Among these, theories of popular constitutionalism and judicial minimalism appear to be increasingly popular. How should Scholars think about American courts in an era of conservative domination of the judiciary? What should/will constitutional politics in the United States look like over the next decade?
Constitutional Public Reason
by Wojciech SadurskiPublic reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.
Constitutional Public Reason
by Wojciech SadurskiPublic reason, which urges that only laws based on principles reasonably agreeable to all those bound by them are legitimate, has rarely been applied to constitutional law, and never in a comparative way. This book aspires to fill that gap, by studying the use of public reason in different constitutional systems. In doing so, it studies public reason both as a normative idea - as a principle postulated for democratic constitutionalism, and as a descriptive account - as helping to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world, and also in the supranational sphere. Constitutional Public Reason questions the performance of leading 'exemplars of public reasons', including the top courts of the United States, India, Canada, Australia, Germany, and South Africa, as well as the European Court of Human Rights. It also attempts to show how this performance can be improved in fields such as freedom of expression, non-establishment of religion, and anti-discrimination law. Ultimately, it finds that the best resonance between the ideal of public reason and constitutional interpretation is found in doctrines that locate the illegitimacy of laws in the wrongful motives (or purposes) pursued by legislators. Scrutinising motives is often as important as scrutinising consequences.