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By Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin
Rule of legislation and constitutionalist beliefs are understood by way of many, if now not such a lot, as essential to create a simply political order. Defying the conventional department among normative and confident theoretical methods, this e-book explores how political fact at the one hand, and constitutional beliefs at the different, at the same time tell and impression one another. Seventeen chapters from prime overseas students conceal a various variety of issues and case experiences to check the speculation that the easiest normative theories, together with these concerning the function of constitutions, constitutionalism and the guideline of legislation, conceive of the right and the genuine as collectively regulating.
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Extra resources for Constitutionalism and the Rule of Law: Bridging Idealism and Realism
Example text
G. J. ), Private Law and the Rule of Law, p. 24. 38 m art in kry gier Constitutionalism, as the name suggests, focuses on the ways the exercise of public power is constituted, made up. It is an ideal having to do with the legal architecture and frame of a polity, its institutional design, foundations, structure, as well as the character of its major institutions and their occupants, their interrelations among themselves and with the subjects of power. It is also an old ideal, incarnations of which have altered dramatically in recent centuries.
Feng Lin provides insights into the tensions and interactions between idealism and realism in the Chinese constitutional realm from a variety of perspectives: a historical one, a practical one and a theoretical one. The issue of ‘constitutional enforcement’ is central to the institutional developments in China. Out of all the well-established constitutional supervision models in the world which may serve as inspiration, the most recent proposal and a very concrete attempt to bridge the ‘ideal’ and the ‘real’, presented to the Central Government by a group of leading constitutional scholars is to establish a special committee under the National People’s Congress (NPC) for this purpose.
The country studies form the core of the volume, and represent transitional settings (Egypt/Tunisia, China, Indonesia, Rwanda), highstakes settings where constitutional frameworks need to do some heavy lifting (Israel) as well as case studies from European countries, displaying a wide variety of historical and cultural factors (Italy, Hungary, Netherlands). Finally, the dynamics involving the ideal and the real in the European Union’s recent crisis in which rule of law values are at stake are addressed by both Scheppele and Kochenov.