The political dimension of constitutional law
著者
書誌事項
The political dimension of constitutional law
Springer, c2020
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注記
Includes bibliographical refernces
内容説明・目次
内容説明
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory - including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre - address these questions in a timely and original way.
目次
Introduction.- Part I.- Fundamental Law.- Fundamental Law.- Expanding Legality and Losing Fundamental Law: On Martin Loughlin's Dualist Conception of Public Law.- Part II.- A Political-Theological Dimension.- Decision and Legal Interpretation.- An Alternative Political Theology: The Negative and Anticipatory Significance of the Constitutive Concepts of Constitutional Law.- Part III.- Political Constitutional Law.- Informal Constitutional Change and Political Law.- "Liquid Constitutions" and Their Informal Changes.- Part IV The Problem of European "Constitutional Law".- A Functional Alternative to Political Right: Social Contract Withouta People.- In Capital We Trust: The Eurozone: A Congeries of Material Norms Without a Constitution?.- The Different Faces of Politics: Economic Governance and EuropeanDemocracy
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