The Making of Constitutional Democracy: From Creation to Application of Law
- ISBN-10
- 1509905235
- ISBN-13
- 9781509905232
- Category
- Law
- Pages
- 416
- Language
- English
- Published
- 2022-01-27
- Publisher
- Bloomsbury Publishing
- Author
- Paolo Sandro
Description
This 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.
Get the book
Other editions
-
- 2022-01-27
- 331 pages
- Paperback
- Bloomsbury Publishing
Similar books
-
Constitutional Democracy: Creating and Maintaining a Just Political Order
By Walter F. Murphy" -- Perspectives on Politics "This is a significant, impressive work of constitutional theory in its largest and most important sense.
-
Crafting Constitutional Democracies: The Politics of Institutional Design
By Edward V. SchneierDrawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples.
-
Constitutional Democracy
By J nos KisJanos Kis outlines a new theory of constitutional democracy.
-
Constitutionalism, Executive Power, and the Spirit of Moderation: Murray P. Dry and the Nexus of Liberal Education and Politics
By Paul O. Carrese, Suzanna Sherry, Giorgi AreshidzeA valuable resource for specialists, the book also will be of use in political science and law school classes.
-
How to Save a Constitutional Democracy
By Tom Ginsburg, Aziz Z. HuqHow to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent.
-
Constitutionalism and Democracy
By Jon Elster, Rune SlagstadThe eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems.
-
Constitutional Processes and Democratic Commitment
By Donald L. HorowitzDonald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in constitutional processes.
-
Dimensions of Constitutional Democracy: India and Germany
By Michael Becker, Anupama RoyThis book examines a selection of themes that have become salient in contemporary debates on constitutional democracies.
-
The Calculus of Consent: Logical Foundations of Constitutional Democracy
By James M. Buchanan, Gordon TullockNOTES TO CHAPTER 3 Philip H. Wicksteed , The Common Sense of Political Economy ( London : Macmillan , 1910 ) , chap . V. 2 . There are , of course , exceptions . See Arthur Bentley , The Process of Government .
-
Founding Acts: Constitutional Origins in a Democratic Age
By Serdar TekinFounding Acts explores the relationship between constitutional claims of popular sovereignty and the practice of constitution-making in our pluralistic age.