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The Political Dimension of Constitutional Law / edited by Miguel Nogueira de Brito, Luís Pereira Coutinho.
Springer Nature - Springer Law and Criminology eBooks 2020 English International Available online
View online- Format:
- Book
- Language:
- English
- Subjects (All):
- Constitutional law.
- Law—Europe.
- Political science.
- Political science--Philosophy.
- European Union.
- Constitutional Law.
- European Law.
- Philosophy of Law.
- Political Philosophy.
- European Union Politics.
- Local Subjects:
- Constitutional Law.
- European Law.
- Philosophy of Law.
- Political Philosophy.
- European Union Politics.
- Physical Description:
- 1 online resource (185 pages)
- Edition:
- 1st ed. 2020.
- Place of Publication:
- Cham : Springer International Publishing : Imprint: Springer, 2020.
- Summary:
- This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
- Contents:
- Introduction
- Part I
- Fundamental Law
- Expanding Legality and Losing Fundamental Law: On Martin Loughlin’s Dualist Conception of Public Law
- Part II
- A Political-Theological Dimension
- Decision and Legal Interpretation
- An Alternative Political Theology: The Negative and Anticipatory Significance of the Constitutive Concepts of Constitutional Law
- Part III
- Political Constitutional Law
- Informal Constitutional Change and Political Law
- “Liquid Constitutions” and Their Informal Changes
- Part IV The Problem of European “Constitutional Law”
- A Functional Alternative to Political Right: Social Contract Without a People
- In Capital We Trust: The Eurozone: A Congeries of Material Norms Without a Constitution?
- The Different Faces of Politics: Economic Governance and European Democracy.
- Notes:
- Includes bibliographical references.
- ISBN:
- 3-030-38459-4
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