In the fourth volume of the Vienna Lectures on Legal Philosophy, scholars in contemporary jurisprudence and constitutional theory discuss who gets to decide and who gets to act when constitutional law is silent or fundamentally controversial.
It is the very purpose of Constitutions to settle disagreements: to determine who gets to decide and who gets to act when it comes to the polity and its members. But what if, instead of settling disagreements among those subjected to it, the Constitution itself, its end, its functions, its meaning, its existence, becomes the subject of disagreements? What if the Constitution raises issues it is unable to address from the very outset? Who gets to decide then and who gets to act?
In a time in which constitutional crises seem to be too ubiquitous to still count as exceptions, questions such as these are asked with ever-increasing urgency. The answers to these questions cannot be found in arguments based on contingent legal stipulations but have to reach beyond the vague and fleeting instructions of positive law.
eBook - ePub
Vienna Lectures on Legal Philosophy, Volume 4
Constitutional Disagreements
- 255 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Vienna Lectures on Legal Philosophy, Volume 4
Constitutional Disagreements
About this book
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Table of contents
- Cover
- Title Page
- Preface
- Contents
- Contributors
- Introduction
- 1. Democratic Law in the State of Nature: A Kantian Framework
- 2. Democratic Law in the State of Nature: A Not-So-Kantian Comment
- 3. Why Constitutions? The Case for Robust Constitutionalism
- 4. In Defence of Constitutionalism: Navigating between a Minimal and a Total Concept of the Constitution
- 5. Constitutions, Basic Structures, and Amendments: The Metaphor of the Constitution as a House
- 6. Imaginary Constitutions
- 7. Unveiling the Constitution: Why and How Material Constitution Doctrines Matter in Constitutional Theory
- 8. Deep Disagreements and the Constitution of a Shared World
- 9. Dworkin on Disagreement
- 10. Judicial Dialogue and Constitutional Disagreements: Bridging the Gap
- 11. Between Expertocracy and Populism in the Justification of Public Authority – Lessons Learned from the Pandemic
- 12. Constitutional Law in the Pandemic – Contested Self-Images and Popular/Populist Appropriations
- 13. The Linchpin of Constitutional Discipline
- Index
- Copyright Page
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Yes, you can access Vienna Lectures on Legal Philosophy, Volume 4 by Christoph Bezemek,Michael Potacs,Alexander Somek in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over 1.5 million books available in our catalogue for you to explore.