Constitutionalism and the rule of law : bridging idealism and realism / edited by Maurice Adams, Tilburg University; Anne Meuwese, Tilburg University; Ernst Hirsch Ballin, Tilburg University, University of Amsterdam.
2017
K3165 .C6235 2017 (Mapit)
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Title
Constitutionalism and the rule of law : bridging idealism and realism / edited by Maurice Adams, Tilburg University; Anne Meuwese, Tilburg University; Ernst Hirsch Ballin, Tilburg University, University of Amsterdam.
Imprint
Camridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.
Description
x, 547 pages : illustrations ; 24 cm
Formatted Contents Note
The ideal and the real in the realm of constitutionalism and the rule of law: an introduction / Maurice Adams, Ernst Hirsch Ballin and Anne Meuwese
Tempering power / Martin Krygier
Between the 'real' and the 'right': explorations along the institutional-constitutional frontier / Peter Lindseth
The emergence of the rule of law in Western constitutional history: revising traditional narratives / Randall Lesaffer and Shavana Musa
Rule of law, democracy and human rights: the paramountcy of moderation /Sumit Bisarya and Elliot Bulmer
The need for realism: ideals and practice in Indonesia's constitutional history / Adriaan Bedner
Constitutionalism a la Rwandaise / Nick Huls
Between promise and practice: constitutionalism in South Africa more than twenty years after the advent of democracy / Pierre de Vos
Idealism and realism in Israeli constitutional law / Adam Shinar
Idealism and realism in Chinese constitutional theory and practice / Feng Lin
Realism and idealism in the Italian constitutional culture / Jörg Luther
Constitutional culture in the Netherlands: a sober affair / Maurice Adams and Gerhard van der Schyff
Illiberal rule of law? Changing features of Hungarian constitutionalism / Gábor Attila Tóth
The EU and the rule of law
Naïveté of a grand design? / Dimitry Kochenov
Constitutional coups in EU law / Kim Lane Scheppele
Peer review in the context of constitutionalism and the rule of law Anne Meuwese
Constitutional correlates of the rule of law / Tom Ginsburg and Mila Versteeg.
Tempering power / Martin Krygier
Between the 'real' and the 'right': explorations along the institutional-constitutional frontier / Peter Lindseth
The emergence of the rule of law in Western constitutional history: revising traditional narratives / Randall Lesaffer and Shavana Musa
Rule of law, democracy and human rights: the paramountcy of moderation /Sumit Bisarya and Elliot Bulmer
The need for realism: ideals and practice in Indonesia's constitutional history / Adriaan Bedner
Constitutionalism a la Rwandaise / Nick Huls
Between promise and practice: constitutionalism in South Africa more than twenty years after the advent of democracy / Pierre de Vos
Idealism and realism in Israeli constitutional law / Adam Shinar
Idealism and realism in Chinese constitutional theory and practice / Feng Lin
Realism and idealism in the Italian constitutional culture / Jörg Luther
Constitutional culture in the Netherlands: a sober affair / Maurice Adams and Gerhard van der Schyff
Illiberal rule of law? Changing features of Hungarian constitutionalism / Gábor Attila Tóth
The EU and the rule of law
Naïveté of a grand design? / Dimitry Kochenov
Constitutional coups in EU law / Kim Lane Scheppele
Peer review in the context of constitutionalism and the rule of law Anne Meuwese
Constitutional correlates of the rule of law / Tom Ginsburg and Mila Versteeg.
Summary
"Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K3165 .C6235 2017
Language
English
ISBN
9781107151857 hardback
1107151856 hardback
1107151856 hardback
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