Constitutionalism Justified

This is heavily contested.131 If proportionality is an important element of global
constitutionalism, as I have claimed ... For a critical view of 'foundational
constitutionalism' beyond the state, see Nico Krisch, Beyond Constitutionalism:
The ...

Constitutionalism Justified

Constitutionalism Justified

"Rainer Forst is a leading German political philosopher and was named "the most important political philosopher of his generation" upon his 2012 receipt of the Leibniz Prize. This book brings together discussion from political philosophy, constitutional theory, and legal philosophy to examine Forst's theory of justice, paying special attention to the application of his moral theory to legal fields. Forst then responds to his interlocutors in a concluding chapter. The book is structured from the general to the specific, and begins by examining Forst's "right to justification" as the basis for justice. This right is in the second section extended to the realm of constitutional theory. The third section addresses justification and proportionality within constitutional law. The concluding section sees Forst respond to the foregoing chapters"--

More Books:

Constitutionalism Justified
Language: en
Pages: 384
Authors: Ester Herlin-Karnell, Matthias Klatt, Héctor A. Morales Zúñiga
Categories: Law
Type: BOOK - Published: 2019 - Publisher: Oxford University Press, USA

"Rainer Forst is a leading German political philosopher and was named "the most important political philosopher of his generation" upon his 2012 receipt of the Leibniz Prize. This book brings together discussion from political philosophy, constitutional theory, and legal philosophy to examine Forst's theory of justice, paying special attention to
Legal Pluralism in European Contract Law
Language: en
Pages: 288
Authors: Vanessa Mak
Categories: Law
Type: BOOK - Published: 2020-09-10 - Publisher: Oxford University Press, USA

This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state
Beyond Constitutionalism
Language: en
Pages: 384
Authors: Nico Krisch
Categories: Law
Type: BOOK - Published: 2012-09-06 - Publisher: OUP Oxford

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postnational legal order. The typical response of constitutional and international lawyers as well as political theorists has been to extend domestic concepts - especially constitutionalism
Emergency Powers of International Organizations
Language: en
Pages: 272
Authors: Christian Kreuder-Sonnen
Categories: Business & Economics
Type: BOOK - Published: 2019-11-13 - Publisher: Oxford University Press, USA

Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set
Constituent Power in the European Union
Language: en
Pages: 272
Authors: Markus Patberg
Categories: Law
Type: BOOK - Published: 2021-01-03 - Publisher: Oxford University Press, USA

This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.

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