The Paradox of Constitutionalism
Constituent Power and Constitutional Form
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Paradox of Constitutionalism by Martin Loughlin
Book DescriptionThe 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.
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Book DetailsISBN: 9780199552207
(233mm x 156mm x 22mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 28-Aug-2008
Country of Publication: United Kingdom
Books By Author Martin Loughlin
British Constitution: A Very Short Introduction, Paperback (April 2013)
The British constitution has grown organically in response to changes in its economic, political, and social environment, and is not contained in a single authoritative text. In this Very Short Introduction, Martin Loughlin examines the nature and authority of the constitution, and its challenging prospects for the future.
Foundations of Public Law, Paperback (September 2012)
This book develops Martin Loughlin's distinctive and provocative theory of public law, first outlined in The Idea of Public Law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.
Twilight of Constitutionalism?, Paperback (January 2012)
The concepts and values that underpin traditional constitutionalism are increasingly being challenged by political and economic realities that place substantial power beyond the state. This book gathers leading constitutional theorists to discuss the impact of the growth of transnational governance on the foundational values of constitutionalism.
Idea of Public Law, Paperback (August 2004)» View all books by Martin Loughlin
This title offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognised to be an autonomous discipline, with its own distinctive methods and tasks.
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Author Biography - Martin Loughlin
Neil Walker is Professor of European Law, at the European University Institute
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