عنوان

Constitutionalism and the Rule of Law

:9781107151857

979892

انگلیسی

Constitutionalism and the Rule of Law

[book]

: Bridging Idealism and Realism

\ edited by Maurice Adams; Anne Meuwese; Ernst Hirsch Ballin

; New York, NY

: Cambridge University Press

, 2017

x, 547 p.

:ill.

Bibliography

Index

Machine generated contents note: Part I. Realism and Idealism in Constitutionalism and the Rule of Law : theory and history : 1. The ideal and the real in the realm of constitutionalism and the rule of law : an introduction / Maurice Adams, Ernst Hirsch Ballin and Anne Meuwese; 2. Tempering power / Martin Krygier; 3. Between the 'real' and the 'right': explorations along the institutional-constitutional frontier / Peter Lindseth; 4. The emergence of the rule of law in Western constitutional history : revising traditional narratives / Randall Lesaffer and Shavana Musa; Part II. The Rule of Law in Country-Specific Settings: Case Studies in Reconciling Realism and Idealism: 5. Rule of law, democracy and human rights: the paramountcy of moderation / Sumit Bisarya and W. Elliot Bulmer; 6. The need for realism: ideals and practice in Indonesia's constitutional history / Adriaan Bedner; 7. Constitutionalism a la Rwandaise / Nick Huls; 8. Between promise and practice: constitutionalism in South Africa more than twenty years after the advent of democracy / Pierre de Vos; 9. Idealism and realism in Israeli constitutional law / Adam Shinar; 10. Idealism and realism in Chinese constitutional theory and practice / Feng Lin; 11. Realism and idealism in the Italian constitutional culture / Jorg Luther; 12. Constitutional culture in the Netherlands: a sober affair Maurice Adams and Gerhard van der Schyff; 13. Illiberal rule of law? Changing features of Hungarian constitutionalism / Gabor Attila Toth; Part III. Transnational Phenomena and International Developments: 14. The EU and the rule of law - naivete of a grand design? / Dimitry Kochenov; 15. Constitutional coups in EU law / Kim Lane Scheppele; 16. Peer review in the context of constitutionalism and the rule of law / Anne Meuwese; 17. Constitutional correlates of the rule of law / Tom Ginsburg and Mila Versteeg.

0

"Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating"--

"Recent years have witnessed a multiplication of initiatives promoting constitutionalism and the rule of law. Both are understood, by many if not most, as necessary to create and sustain a just political order. If constitutionalism refers to a range of ideas and patterns of behaviour about how a government should be regulated in its powers in order to effectuate the fundamental principles of a political regime, it is usually a national constitution that shapes constitutionalism in concrete legal terms. A more abstract definition, which applies not only to nation states but also to a post-national order, identifies constitutionalism as 'an overarching legal framework that determines the relationships of the different levels of law and the distribution of powers among their institutions'"--

Constitutional law

Constitutional law -- Philosophy

Rule of law

State, The

Idealism

Realism

ح‍ق‍وق‌ اس‍اس‍ی‌

حقوق اساسی -- فلسفه

حکومت قانون

Adams, Maurice, 1964-

آدامز، موریس، ۱۹۶۴ - م.

Meuwese, Anne Claartje Margreet, 1980-

Hirsch Ballin, E. M. H.

هرس بالین، ا. ام. ها.، ۱۹۵۰ - م.

20190317121931.0

rda

BL

270410

1

Y