In The Sovereignty of Law Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent …
The term 'militant democracy' was coined by Karl Loewenstein in the 1930s. He argued that attempts to establish democracy in the Weimar Republic failed due to the lack of militancy against subversive movements. The concept of militant democracy was introduced to legal scholarshi…
The contributions in this volume cover five main themes centring on constitutionalism and democracy: substantive views, procedural views, reconciling substance procedures, populist constitutionalism, and constitutional democracy beyond the nation state.
The period from the fifteenth century to the late eighteenth century was one of critical importance to British constitutionalism. Although the seeds were sown in earlier eras, it was at this point that the constitution was transformed to a system of representative parliamentary …
"Examines the concept of the people and the problems it raises for liberal democratic theory, constitutional theory, and critical theory. Argues that the people should be conceived not as simply a collection of individuals, but as an ongoing process unfolding in time"--Provided …
"Exploring Law's Empire is a collection of essays about the work of Ronald Dworkin, each written by a leading scholar in jurisprudence or constitutional law. The essays explore Dworkin's writings on constitutional law, his theory of law as integrity, and his critique of legal po…
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops an original account of the principle and its implications for modern national and trans…
"This historically embedded treatment of theoretical debates about prerogative and reason of state spans over four centuries of constitutional development. Commencing with the English Civil War and the constitutional theories of Hobbes and the Republicans, it moves through eight…
"The language of balancing is pervasive in constitutional rights jurisprudence around the world. In this book, Jacco Bomhoff offers a comparative and historical account of the origins and meanings of this talismanic form of language, and of the legal discourse to which it is cen…
"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 con…
The constitutional referendum has become a vital feature of modern constitution-making and reform. This book provides an analysis of the theoretical foundations of constitutional referendums, assessing their democratic credentials and the design decisions that affect the value a…
This book looks at the changes of the foundations of constitutional authority since the eighteenth century. Somek argues that post WWII, people are no longer the fountain of authority, instead the new commitment to human rights and the 'peer review system' among nations, marks t…
Marchamont Nedham (1620-78) wrote The Excellencie of a Free-State during the only period of republican rule in English history. After the execution of King Charles I in 1649, the monarchy and the House of Lords were abolished, and a sovereign House of Commons governed in the Cro…
Contributed articles presented at a conference on the political philosophy of the Indian constitution held in Goa in Sept. 2001.
"This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers …
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series…
