The Making of Constitutional Democracy
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However...
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| Главный автор: | |
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| Формат: | Online |
| Язык: | английский |
| Опубликовано: |
Bloomsbury Academic
2023
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| Предметы: | |
| Online-ссылка: | ONIX_20230803_9781509905218_2 |
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Нет меток, Требуется 1-ая метка записи!
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| _version_ | 1869524614568214528 |
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| author | Sandro, Paolo |
| author_browse | Sandro, Paolo |
| author_facet | Sandro, Paolo |
| author_sort | Sandro, Paolo |
| collection | Directory of Open Access Books |
| description | This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. |
| format | Online |
| id | doab-20.500.12854ir-111759 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Bloomsbury Academic |
| publisherStr | Bloomsbury Academic |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1117592025-07-17T10:01:27Z The Making of Constitutional Democracy Sandro, Paolo separation of powers the rule of law legal philosophy public authority legal realism thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. 2023-08-05T04:21:36Z 2023-08-05T04:21:36Z 2023-08-03T10:20:28Z 2022 book ONIX_20230803_9781509905218_2 OCN: 1274231284 https://library.oapen.org/handle/20.500.12657/74777 9781509905218 https://directory.doabooks.org/handle/20.500.12854/111759 eng Law and Practical Reason open access image/png image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/74777/1/9781509905218.pdf https://library.oapen.org/bitstream/20.500.12657/74777/1/9781509905218.pdf https://library.oapen.org/bitstream/20.500.12657/74777/1/9781509905218.pdf Bloomsbury Academic Hart Publishing 10.5040/9781509905249 10.5040/9781509905249 f75587da-2374-4722-9d42-9fffa7fa3f92 9781509905218 Hart Publishing 416 London open access |
| spellingShingle | separation of powers the rule of law legal philosophy public authority legal realism thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law Sandro, Paolo The Making of Constitutional Democracy |
| title | The Making of Constitutional Democracy |
| title_full | The Making of Constitutional Democracy |
| title_fullStr | The Making of Constitutional Democracy |
| title_full_unstemmed | The Making of Constitutional Democracy |
| title_short | The Making of Constitutional Democracy |
| title_sort | making of constitutional democracy |
| topic | separation of powers the rule of law legal philosophy public authority legal realism thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law |
| topic_facet | separation of powers the rule of law legal philosophy public authority legal realism thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law |
| url | ONIX_20230803_9781509905218_2 |
| work_keys_str_mv | AT sandropaolo themakingofconstitutionaldemocracy AT sandropaolo makingofconstitutionaldemocracy |