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2018
Constitutionalism comprises a set of ideas, principles and rules, all of which deal with the question of how to develop a political system which excludes as far as possible the chance of arbitrary rule. While according to one of the classic sources of constitutionalism, article sixteen of the 1789 French Declaration of the Rights of Man and of the ...
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Constitutionalism comprises a set of ideas, principles and rules, all of which deal with the question of how to develop a political system which excludes as far as possible the chance of arbitrary rule. While according to one of the classic sources of constitutionalism, article sixteen of the 1789 French Declaration of the Rights of Man and of the ...
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2023
Abstract This chapter addresses constitutionalism as a concept used to explain and understand principles and terms of governance and especially constitutionalization beyond modern nation-states accounting for distinct intellectual traditions.
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Abstract This chapter addresses constitutionalism as a concept used to explain and understand principles and terms of governance and especially constitutionalization beyond modern nation-states accounting for distinct intellectual traditions.
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Constitutionalizing the Corporation
2022Abstract Connecting and integrating the economics, organization, and management of the firm with other relevant perspectives in political science, constitutional law, and constitutional political economy, this paper revisits the nature of the corporation as a particular type of constitutional contract. The baseline argument is to show
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“Constitutionalizing” the corporation
Technological Forecasting and Social Change, 1959A favorable legal climate has resulted in corporate concentrations (including labor unions) that, as private governments, wield power over individuals and large social sectors. If these private power centers are to be moderated they must be constitutionalized, that is, they must be brought within the ambit of the constitutional concept of State action.
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Social Philosophy and Policy, 2010
AbstractThis essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make
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AbstractThis essay explores the ways in which a broadly pluralist outlook can help illuminate longstanding issues of constitutional theory and practice. It begins with a common-sense understanding of pluralism as the diversity of observed practices within a general category (section 2). It turns out that many assumptions Americans and others often make
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2018
Political constitutionalism can refer both to a theory of what a constitution is or should be and to a doctrine of Commonwealth constitutionalism. These two dimensions are not disconnected and often overlap (for examples in recent scholarship see Gordon 2015; Mac Amhlaigh 2016). In this entry, both dimensions will be taken into account.
Goldoni, Marco +1 more
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Political constitutionalism can refer both to a theory of what a constitution is or should be and to a doctrine of Commonwealth constitutionalism. These two dimensions are not disconnected and often overlap (for examples in recent scholarship see Gordon 2015; Mac Amhlaigh 2016). In this entry, both dimensions will be taken into account.
Goldoni, Marco +1 more
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2021
Abstract Constitutionalism emerged as a reaction to functionalism to rebut the international nature of the relation between organizations and member states: member states are organs of the organization when they act in the fulfilment of its purposes; the law created by international organizations is purely internal law; the institutional
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Abstract Constitutionalism emerged as a reaction to functionalism to rebut the international nature of the relation between organizations and member states: member states are organs of the organization when they act in the fulfilment of its purposes; the law created by international organizations is purely internal law; the institutional
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Contemporary Constitutionalism to Understand Global Constitutionalism
2017Finally in this chapter, viability of the global constitutionalism discourse will be examined with regard to its capability to reflect contemporary constitutionalism. As discussed in the previous chapter, contemporary constitution has narrower and broader meanings, which are required to reflect its complexity. We employed Grimm’s criterion of “Achieved
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