Michael W. Dowdle, Michael A. Wilkinson's Constitutionalism beyond Liberalism PDF

By Michael W. Dowdle, Michael A. Wilkinson

ISBN-10: 1107112753

ISBN-13: 9781107112759

Constitutionalism past Liberalism bridges the distance among comparative constitutional legislation and constitutional idea. the amount makes use of the constitutional event of nations within the worldwide South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to go beyond the liberal conceptions of constitutionalism that at the moment dominate modern comparative constitutional discourse. the choice conceptions tested comprise political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. via those examinations, the quantity seeks to extend our appreciation of the human chances of constitutionalism, exploring constitutionalism now not in basic terms as a limit at the powers of presidency, but in addition as a growing collective political and social probabilities in varied geographical and ancient settings.

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Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (Oxford University, 2004), with Frank, Enacting the People. 89 See, generally, Iseult Honohan, Civic Republicanism (London: Routledge, 2002). , Philip Pettit, Republicanism (Oxford University Press, 1997); Quentin Skinner, Liberty before Liberalism (Cambridge University Press, 1998). ), Republican Democracy: Liberty, Law and Politics (Edinburgh University Press, 2012), 169–​204. , Adam Tomkins, Our Republican Constitution (Oxford: Hart Publishing, 2005); cf.

6 The newness of post-​independence America, and its democratic fragility (as evinced, most particularly, by Shays’ Rebellion, the direct inspiration for the drafting of the new constitution7), discouraged supporters of the new constitution from appealing to national solidarity or to constituent power as the principal device for protecting these liberties. 9 And so emerged the particular foci of the structural-​liberal vision –​a focus on safety rather than efficiency (because the territorial United States would never seriously be threatened by an outside force10); and a focus on structure 4 See Gordon S.

9 (London: Macmillan, 1971), 253–​271. ), Democracy’s Victory and Crisis (Cambridge University Press, 1997), 15–​25. , Keynes, ‘A Short View of Russia’. 56 See Pasuk Phongpaicht and Chris Baker, Thailand’s Crisis (Singapore: Institute of Southeast Asian Studies, 2000), 35–​82; Asli U. Bali, ‘Justice under Occupation: Rule of Law and the Ethics of Nation-​Building in Iraq’, Yale Journal of International Law 30 (2005): 431–​472. , John Braithwaite, Valerie Braithwaite, Michael Cookson, and Leah Dunn, Anomie and Violence: Non-​truth and Reconciliation in Indonesian Peacebuilding (Canberra: ANU E Press, 2010); cf.

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Constitutionalism beyond Liberalism by Michael W. Dowdle, Michael A. Wilkinson


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