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Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.


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Book
01 Jan 1999
TL;DR: In this paper, the authors present a list of abbreviations for "We will do, and hearken" and "We Will Hearken" for the European legal space.
Abstract: Preface Acknowledgements List of abbreviations Part I. 'We Will Do ...': 1. Introduction: 'We will do, and hearken' 2. The transformation of Europe 3. Fundamental rights and fundamental boundaries: on the conflict of standards and values in the protection of human rights in the European legal space 4. The external legal relations of non-unitary actors: mixity and the federal principle 5. The least-dangerous branch: a retrospective and prospective of the European Court of Justice in the arena of political integration Part II. 'We Will Hearken ...': 6. Introduction: the reformation of European constitutionalism 7. Fin-de-siecle Europe: do the new clothes have an emperor? 8. European democracy and its critics: policy and system 9. The autonomy of the Community legal order: through the looking glass 10. To be a European citizen: Eros and civilisation Index.

391 citations

Journal ArticleDOI
TL;DR: The fundamental institutions of international law and multilateralism are generic structural elements of modern international societies as discussed by the authors and their practice transcends changes in the balance of power and the configuration of interests, even if their density and efficacy vary.
Abstract: Modern states have constructed a multiplicity of issue-specific regimes to facilitate collective action. The majority of these institutions are specific instances of the deeper institutional practices that structure modern international society, notably the fundamental institutions of contractual international law and multilateralism. Two observations can be made about fundamental institutions. First, they are “generic” structural elements of international societies. That is, their practice transcends changes in the balance of power and the configuration of interests, even if their density and efficacy vary. The modern practices of contractual international law and multilateralism intensified after 1945, but postwar developments built on institutional principles that were first endorsed by states during the nineteenth century and structured international relations long before the advent of American hegemony. Second, fundamental institutions differ from one society of states to another. While the governance of modern international society rests on the institutions of contractual international law and multilateralism, no such institutions evolved in ancient Greece. Instead, the city-states developed a sophisticated and successful system of third-party arbitration to facilitate ordered interstate relations. This institution, which operated in the absence of a body of codified interstate law, is best characterized as “authoritative trilateralism.”

383 citations

Book
01 Jan 2008
TL;DR: In this paper, the authors define the basis of equality as "social justice and public equality" and the limits of democratic authority as "the public realisation of equality." They also define the authority of democracy as the public realization of equality.
Abstract: Introduction 1. The Basis of Equality 2. Social Justice and Public Equality 3. Democracy as the Public Realization of Equality 4. An Egalitarian Conception of Liberal Rights 5. Equality and Public Deliberation 6. The Authority of Democracy 7. The Limits of Democratic Authority

382 citations

Book ChapterDOI
01 Mar 1998
TL;DR: In this paper, the authors focus on the early stages of the development of modern constitutions, from 1776 onward, and characterize the deliberative setting as an institutional structure, and draw some normative conclusions.
Abstract: Constituent assemblies may involve deliberative democracy in two ways. On the one hand, deliberation among democratically elected delegates may be part of the process of adopting the constitution. On the other hand, promoting deliberative democracy may be one of the goals of the framers. In this essay I consider only the first aspect. I shall proceed as follows. In Section 1, I present some stylized facts about constitutions and constitution making. In Section 2, I try to characterize the deliberative setting as an institutional structure. In Section 3, the substantive core of the essay, I consider deliberation in some early constituent assemblies. In Section 4, I draw some normative conclusions. Constitutions and Constitution Making I shall limit myself to the era of modern constitutions, from 1776 onward. They can be broadly characterized as a written set of laws with the following features, (a) The document is referred to as “the constitution” or some equivalent phrase. (b) It is adopted as a whole rather than piecemeal. (c) It regulates the most fundamental aspects of political life. (d) It is more difficult to amend the constitution than to enact ordinary legislation. (e) The constitution takes precedence in case of a conflict with ordinary legislation. These features do not always go together. Also, what is and what is not fundamental is to some extent a matter of judgment. For my purposes here, these complications do not matter.

366 citations

Journal ArticleDOI
TL;DR: In this article, the authors of the book The Age of Catastrophe discuss the influence of the United States in the history of the world and make a brilliant anylisis of its influence in Contemporary History.
Abstract: It is quite dificult to find a History book who is well written and also makes you think about the subject. This is the main diference about Hobswamn. He makes you think, and I believe this is the main aim for a Historian. It is curious for me that one of the reviewers complaints about the lack of interest that the author shows for the American revolution. Maybe if we think in the world of XXth century or XXIst one we can consider this situation quite strange, but in the XVIIIth century the new born United States were not important in the world. Besides the influence of the principles of the American constitution cannot be compared with the influence of the French revolution. In the last book of the serie The Age of Catastrophe is when the rol of the United States is more important so he makes a brilliant anylisis of its influence in Contemporary History.

365 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20241
20232,090
20224,774
2021860
20201,213
20191,262