By Erwin Chemerinsky
CONSTITUTIONAL legislation: ideas and regulations keeps to function an incomparably transparent advent to either doctrine and coverage in its 3rd Edition.
This hugely winning scholar treatise bargains certain merits:
For the 3rd variation, the writer:
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Additional info for Constitutional Law: Principles And Policies (Introduction to Law Series)
The establishment of a democratic constitution through a revolutionary path does not exclude that the contents of the constitution are changed through processes of transformative constitutionalization. Indeed, the emergence of constitutional conventions is not exclusive to constitutions established in an evolutionary manner, but can also be observed in revolutionary constitutions.
In addition, among the procedural normative conceptions of the constitution, the democratic conception of constitution warrants special attention for several reasons. First, most constitutional states at least claim to be democratic, and consequently raise the claim that their material constitution (and if present, the formal one) is also a democratic one in a normative sense. But raising a claim is not the same as redeeming it. Second, all member states of the European Union do indeed raise a claim to have a democratic constitution, or to be more precise, to have become well formed constitutional states through a democratic or democratizing path.
Next to them, one will find laws that meet with the minimum democratic requirements. indb 25 11/4/10 12:39 PM 26 Chapter 1 as binding laws, even if the election of the representatives has not been the result of the expression of the will of all individuals (because they do not participate, for example). When seen in such a light, the democratic conception of the constitution defines as constitutional those norms that meet with the highest standards of democratic legitimacy, those regarding which the processes of deliberation and decision making are such that citizens can clearly see themselves as authors of the said norms.
Constitutional Law: Principles And Policies (Introduction to Law Series) by Erwin Chemerinsky
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