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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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“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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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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Constitutionalizing the Market Economy and the Quest for Constitutionalism
2022Abstract The contributions to this volume show that the return to multiparty democracy in the 1990s was accompanied by the explicit or implicit constitutionalization of a market economy, principally through the protection of property and the insistence on freedom of contract.
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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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‘Digital Constitutionalism’ and ‘American’ Constitutionalism
Abstract How well does the concept or discourse of ‘digital constitutionalism’, which emerged first in the European crucible, translate globally? Is it consistent or at odds with its nominative US counterpart? This chapter takes up those questions by asking first how new digital technologies—and in particular tools of analysis ...openaire +1 more source
Agonistic democracy and constitutionalism in the age of populism
European Journal of Political Theory, 2022Danny Michelsen
exaly