Limiting government an introduction to constitutionalism

Format:

Book

Author/Creator:

Sajó, András.

Language:

English

Physical Description:

1 online resource (xvi, 292 pages)

Place of Publication:

New York : Central European University Press, Jan. 1999.

Language Note:

English

Summary:

Annotation. This book discusses the mechanisms to restrict government power through social self-binding, including different forms of the separation of powers and constitutional review. Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development.

Contents:

Frontmatter

TABLE OF CONTENTS

Foreword

Introduction

Chapter 1. The Constitution as Fear and Acceptance

1.1. Fear's Creatures

1.2.Types of Fear

1. 3. Ulysses Binds Himself to the Mast

1.4. Definitional Dangers

1.5. Constituent Power

1.6. What Precedes a Constitution? Order and Acceptance

1.7. The Content of a Constitution: Neutrality or Common Objectives?

1.8. The Legal Nature of a Constitution

Chapter 2. The Taming of Democracy

2 .1. Diluted People's Sovereignty and Weak Democracy

2.2. Majority Rule

2.3. The Constitutional Limits to Democracy

2.4. Referendum and Destabilization

Chapter 3. Dangerous Liaisons: Checks and Balances and the Separation of Powers

3 .1. The Balancing Act

3.2. Separation and Dependence in Creation and Termination

3.3. Separate Operations and Joint Decisions

3.4. Additional Counterbalancing Factors

3.5. When Does the Counterweight Become Excessive Weight?

3.6. Separation and Freedom

Chapter 4. Parliamentarism and the Legislative Branch

4.1. The Transformations of Parliament

4.2. The Structure and Operation of Parliament

4.3. Unicameral versus Bicameral Systems

4.4. The Legislative Process

Chapter 5. The Executive Power

5.1. The Discrete Charm of Efficiency

5.2. Who or What is the Head of the Executive?

5.3. The Prerogatives of the Executive Power

5 .4. The Myth of Responsibility

5.5. The Internal Division of the Executive Power

Chapter 6. The Rule-of-Law State and lts Executors

6.1. Rule by Law and the Rule-of-Law State

6.2. The Administration of Justice

Chapter 7. Constitutional Adjudication

7 .1. Who Guards the Guardians?

Chapter 8. Fundamental Rights

8.1. Freedom and Human Rights

8.2. Defining Fundamental Rights

8.3. What Do Fundamental Rights Imply?

8.4. When Fundamental Rights May Be Restricted: Reconciling the State with Freedom in Constitutionalism

8.5. What Purpose Do Fundamental Rights Serve If Abused?

8.6. How Precise Should the Definition Be?

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references.

Description based on print version record.

ISBN:

9789633863879

9633863872

9780585058481

0585058482

OCLC:

847282581