The Constitution of Freedom
An Introduction to Legal Constitutionalism
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 October 2017
- ISBN 9780198732174
- Binding Hardback
- No. of pages512 pages
- Size 253x180x36 mm
- Weight 1092 g
- Language English 0
Categories
Short description:
Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.
MoreLong description:
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means.
Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
The book's strength - both as an accessible explanation and a passionate defense of liberal constitutionalism - is undeniable, and as such it deserves the attention of students of law and many a constitutional scholar alike.
Table of Contents:
Introduction
Constitutions and Constitutionalism
Conditions for a Constitution
Democracy, or Taming an Unruly Friend
Dangerous Liaisons: Separation of Powers and Checks and Balances
Federalism
Parliamentarism and the Legislative Branch
The Executive Power
The Rule of Law and Its Executors
Who Guards the Guardians? Constitutional Adjudication
Rights
Constitutions Under Stress
Multi-layered Constitutionalism, Globalization and the Revival of the Nation State
The Constitution of Freedom: An Introduction to Legal Constitutionalism
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