1-9 of 9
Keywords: constitutional law
Sort by
Chapter
Published: 07 August 2018
...In this chapter, the author comments on Su Li's discussion of the constitution of ancient China. In his account of Chinese constitutional law, Su Li tackles constitutionalism from a historical point of view. While acknowledging Su Li's contributions to urging Chinese legal scholars to rethink...
Chapter
Published: 21 April 2013
...This chapter examines why state constitutions have been so widely criticized and consistently excluded from descriptions of America's constitutional tradition. It seems that the people who wrote the state constitutions failed to grasp the purpose and the nature of constitutional law...
Chapter
Published: 27 November 2018
...; and the origins of constitutional consciousness among certain citizens. Constitutional law became the field in which citizens marked as deviant in the new order could recast themselves as virtuous constitutional actors. These citizens differed in the extent of their marginality. However, all their cases carved...
Chapter
Published: 24 November 2013
...In this afterword, the author reflects on the lessons that he has learned since the publication of the book's first edition in 2004 from the realms of both constitutional scholarship and constitutional law. He highlights some areas where his thinking has developed since the book's original...
Book
Published online: 19 October 2017
Published in print: 21 April 2013
... people only from an overbearing government, but give no explicit guarantees of governmental help. This book argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law...
Chapter
Published: 21 April 2013
.... It then considers the distinctions among the concepts of entrenchment, judicialization, and constitutional development. It also offers additional accounts of constitutional development and highlights several unique features of constitutional law, other than its (widely recognized) capacity to entrench established...
Chapter
Published: 07 August 2018
... also considers the features of an effective constitution and whether the constitution of historical China is a constitutional law that can be put into practice. Finally, he examines the historic geoclimatic conditions to which ancient China was responding and the special nature of the constitution...
Chapter
Published: 07 August 2018
...In this chapter, the author replies to Su Li's account of the constitution and the political order of ancient China. Su Li proposes an idea of the constitution that is different from the Constitution or constitutional law. According to the author, Su Li has made a methodological turn from...
Chapter
Published: 13 June 2023
..., a new scholarly field—Austrian constitutional law—emerged at the universities to study and teach the same questions. The codification of states tangled together with the codification of disciplines. Here we meet Georg Jellinek (1851–1911)—young, passionate, persecuted, and certain that theories...