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Neither accepted the legitimacy of liberal democracy.

Constitutional theory

Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law.

Schmitt's writings sought to address the unique problems posed by mass democracy.

Nick Barber

Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states.

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Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change. Hungary was one of the first and most thorough political transitions after , which provided all the institutional elements of constitutionalism: checks and balances and guaranteed fundamental rights. Hungary also represents the first, and probably the model case, of constitutional backsliding from a full-fledged liberal democratic system to an illiberal one with strong authoritarian elements.

To achieve this aim the populist government misuses the That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, unless he is bound by his own consent, after he arrives to such age, or bound by law for the payment Part 3 Institutional Control of Constitutionalism, 3.

Constitutions and constitutional law: Theory

This chapter focuses on the role of the Guardian Council, an institution recognized as one of the main pillars of the Islamic government in Iran. Its religious-theoretical fundaments can be found in the doctrine of the Islamic state, the enforcement of the Islamic law, and the supervisory function of the clerical jurists. Under constitutional law, the task of the Guardian Council follows from the general rule in Art.

In practice, the Council has often acted as an instance defending the status quo and has blocked the initiatives of a reform-minded parliament.

This chapter addresses how, in contrast to Nigeria, federalism in Ethiopia has eventuated in a dominant-party state. From the foregoing, it is clear that there is a wide gulf between the Constitution and practice in Ethiopia.

Programme for the Foundations of Law & Constitutional Government | Oxford Law Faculty

That gulf can partly be explained by the process that led to the making of the current constitution and the developments that unfolded thereafter. As a result, those who feel they were excluded from the making of the Constitution are more interested in overhauling it than seeing its enforcement.

Europes Functional Constitution A Theory of Constitutionalism Beyond the State Oxford Constitutional

Contributing to the lukewarm attitude towards the Constitution is the fact that the country, even after the adoption of the Constitution, has not seen the emergence of independent social, economic, and political forces that champion vertical constitutionalism and challenge the constitutionality of government actions.

For this aim we point out different formulations of the principle. First, we examine the problems that the classical conception of equality as antidiscrimination entail to demonstrate that although it may solve specific problems, this conception cannot deal with the structural inequalities widely present in Latin America.

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Second, we analyze the broader conception of equality as antisubordination , in order to understand the deeply rooted causes of inequality in Latin American societies. Grodin, Michael B. Salerno, Darien Shanske. This chapter examines the diversity of administrative law in European states. It considers administrative-law orders that have remained unique as well as those which have been influential.