Principles of constitutional design
著者
書誌事項
Principles of constitutional design
Cambridge University Press, 2006
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.
目次
- 1. Constitutionalism - an initial overview and introduction
- 2. Sovereignty
- 3. Popular sovereignty
- 4. The separation of powers
- 5. Analyzing the interaction between popular control and separation of powers in the amendment process
- 6. Matching a government to a people
- 7. An overview of the constitutional design project
- 8. An underlying constitutional logic - rational actors?
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