The Political Dimension of Constitutional Law / edited by Miguel Nogueira de Brito, Luís Pereira Coutinho.
2020
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Title
The Political Dimension of Constitutional Law / edited by Miguel Nogueira de Brito, Luís Pereira Coutinho.
Added Corporate Author
Edition
1st ed. 2020.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2020.
Description
VI, 189 p. online resource
Formatted Contents Note
Introduction
Part I
Fundamental Law
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.
Part I
Fundamental Law
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.
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.
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Alternate Title
SpringerLink electronic monographs.
Language
English
ISBN
9783030384593
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