Constitutional Change and Popular Sovereignty

Constitutional Change and Popular Sovereignty
Title Constitutional Change and Popular Sovereignty PDF eBook
Author Maria Cahill
Publisher Routledge
Pages 226
Release 2021-07-15
Genre Law
ISBN 1000395634

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This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

Sovereignty in Action

Sovereignty in Action
Title Sovereignty in Action PDF eBook
Author Bas Leijssenaar
Publisher Cambridge University Press
Pages 247
Release 2019-07-18
Genre History
ISBN 1108483518

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Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

The Time of Popular Sovereignty

The Time of Popular Sovereignty
Title The Time of Popular Sovereignty PDF eBook
Author Paulina Ochoa Espejo
Publisher Penn State Press
Pages 234
Release 2011
Genre Political Science
ISBN 0271037962

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"Examines the concept of the people and the problems it raises for liberal democratic theory, constitutional theory, and critical theory. Argues that the people should be conceived not as simply a collection of individuals, but as an ongoing process unfolding in time"--Provided by publisher.

Popular Sovereignty and the Crisis of German Constitutional Law

Popular Sovereignty and the Crisis of German Constitutional Law
Title Popular Sovereignty and the Crisis of German Constitutional Law PDF eBook
Author Peter C. Caldwell
Publisher Duke University Press
Pages 324
Release 1997
Genre History
ISBN 9780822319887

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A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Popular Sovereignty in Early Modern Constitutional Thought

Popular Sovereignty in Early Modern Constitutional Thought
Title Popular Sovereignty in Early Modern Constitutional Thought PDF eBook
Author Daniel Lee
Publisher Oxford University Press
Pages 394
Release 2016-02-18
Genre Law
ISBN 0191062456

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Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Understanding Democracy

Understanding Democracy
Title Understanding Democracy PDF eBook
Author John J. Patrick
Publisher Oxford University Press
Pages 113
Release 2006-05-25
Genre Juvenile Nonfiction
ISBN 0195311973

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This handy pocket guide explains the core concepts of democracy in a clear A-Z format. Though these core concepts may be practiced differently in various countries, every genuine democracy is based on them in one way or another. Ideal for civics and government classrooms, Understanding Democracy is a concise, scholarly starting point for research papers and writing assignments.

Madison V. Marshall

Madison V. Marshall
Title Madison V. Marshall PDF eBook
Author Guy Padula
Publisher
Pages 216
Release 2001
Genre Biography & Autobiography
ISBN

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Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.