The Making of Constitutional Democracy: From Creation to Application of Law

The Making of Constitutional Democracy: From Creation to Application of Law
ISBN-10
1509905219
ISBN-13
9781509905218
Category
Law
Pages
331
Language
English
Published
2022-01-27
Publisher
Bloomsbury Publishing
Author
Paolo Sandro

Description

This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Get the book

Amazon.com
Amazon.com
Search the book
eBay.com
eBay.com
Search the book

Other editions

Similar books

  • Property Law: Rules, Policies, and Practices
    Property Law: Rules, Policies, and Practices
    By Joseph William Singer, Bethany R. Berger, Nestor M. Davidson

    See also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...

  • Entertainment Law and Business
    Entertainment Law and Business
    By William D. Henslee, Elizabeth Henslee

    After Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.

  • The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
    The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
    By William E. Nelson

    Volume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...

  • The Indiana State Constitution
    The Indiana State Constitution
    By William P. McLauchlan

    E. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.

  • Child Support Guidelines: Interpretation and Application
    Child Support Guidelines: Interpretation and Application
    By Laura W. Morgan

    Fitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.

  • Maritime Fraud and Piracy
    Maritime Fraud and Piracy
    By Paul Todd

    The sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...

  • Principles of the Carriage of Goods by Sea
    Principles of the Carriage of Goods by Sea
    By Paul Todd

    Normally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...

  • Maryland Employment Law
    Maryland Employment Law
    By Stanley Mazaroff, Todd Horn

    27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .

  • Contract Law in New Zealand
    Contract Law in New Zealand
    By Stephen Todd, Jeremy Finn

    704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...

  • Tort Law in New Zealand
    Tort Law in New Zealand
    By Stephen Todd

    ... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.