Constitutionalism and the Rule of Law

Bridging Idealism and Realism

Nonfiction, Reference & Language, Law, Jurisprudence, Constitutional
Cover of the book Constitutionalism and the Rule of Law by , Cambridge University Press
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Author: ISBN: 9781316882924
Publisher: Cambridge University Press Publication: February 2, 2017
Imprint: Cambridge University Press Language: English
Author:
ISBN: 9781316882924
Publisher: Cambridge University Press
Publication: February 2, 2017
Imprint: Cambridge University Press
Language: English

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.

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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.

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