| Description |
1 online resource (221 pages) |
| Series |
Routledge Research in Constitutional Law |
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Routledge research in constitutional law.
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| Contents |
Front Cover; Weak Constitutionalism; Copyright Page; Contents; Acknowledgements; 1. Introduction: towards a weak constitutionalism; Democratic constitutionalism; Democracy and the fundamental laws; Constituent power; Democratic legitimacy; Weak constitutionalism; Outline of the argument; 2. The end of constitutionalism; The aspiration to permanence (or the fear of constituent power); Constitutionalism as the protector of democracy; Beyond 'democratic rights': the extra-democratic effects of constitutions; Concluding remarks; 3. The second dimension of democracy |
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The two dimensions of democracyThe theory and practice of substantive and procedural democracy; Ignoring the second dimension of democracy; The second dimension of democracy: approaching constituent power; Concluding remarks; 4. Democracy's principles; The principle of democratic openness; The principle of popular participation; Negating democratic openness; Negating popular participation; Concluding remarks; 5. The theory (and practice) of constituent power; Locke and Lawson: constituent power or right of resistance?; Sieyes and Schmitt on constituent power and constitutional remaking |
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Constituent power in contemporary constitutionalismConcluding remarks; 6. The idea of democratic legitimacy; The idea of legitimacy; Towards a conception of democratic legitimacy; Democratic legitimacy and the risks of constituent power; The conditions of democratic legitimacy; Concluding remarks; 7. The transformation of the juridical; Schmitt and Rawls on the limits of constitutional reform; The judicial doctrine of constitutional substitution; Constitutional reform and acts of the people; Concluding remarks; 8. The beginnings of weak constitutionalism; Weak constitutionalism |
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Exercising constituent power or weak constitutionalism's mechanismsOf constituent assemblies convened from below; Constituent assemblies and unwritten constitutions; Concluding remarks; 9. Activating constituent power; The activation/execution distinction; Of revolutions, informal assemblies, and other protests; Concluding remarks; 10. Conclusion; Bibliography; Index |
| Summary |
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most ""advanced"" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions |
| Notes |
Print version record |
| Subject |
Constitutional law.
|
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Constitutions.
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constitutions.
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Constitutional law
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Constitutions
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| Form |
Electronic book
|
| ISBN |
9781136319273 |
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1136319271 |
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