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Constitutional Violence: Legitimacy, Democracy and Human by Antoni Abat i Ninet

By Antoni Abat i Ninet

If constitutional legitimacy relies on violence, what does this suggest for democracy?

Almost each nation on the earth has a written structure and, for the good majority, the structure is the legislation that controls the organs of the kingdom. yet is a structure the easiest machine to rule a country?

Western political platforms are usually 'constitutional democracies', dividing the process right into a area of politics, the place the folk rule, and a website of legislation, put aside for a proficient elite. felony, political and constitutional practices show that constitutionalism and democracy appear to be irreconcilable.

Antoni Abat i Ninet strives to unravel those it sounds as if specific public and felony sovereignties, utilizing their a variety of avatars around the globe as case experiences. He demanding situations the yankee constitutional adventure that has ruled western constitutional proposal as a quasi-religious doctrine. And he argues that human rights and democracy needs to try to deactivate the 'invisible' yet very genuine violence embedded in our possible sacrosanct constitutions.

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67. , p. 75. , p. 75. A. D. Lindsay, The Modern Democratic State, Oxford: Oxford University Press, 1943, p. 224. C. Schmitt, Constitutional Theory, Durham, NC: Duke University Press, 2008. , p. 60. G. R. Morrow, Plato’s Cretan City, Princeton, NJ: Princeton University Press, 1993, p. 521. Sovereignty and Constitution 198. 199. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. , p. 521. , p. 521. , p. 525. , p. 526. Aristotle, Politics: A Treatise on Government, Seattle, WA: Create Space, 2010, p.

See Article VI, Section 1, Clause 3. ’ 107. J. M. Balkin, ‘Original meaning and constitutional redemption’, Constitutional Commentary, 24(2), 2007, 427–532. 108. B. Ackerman, ‘The living constitution’, Harvard Law Review, 120, 2007, 1737–93. 109. The United States declared its independence in 1776. The Constitution was not drafted until 1787, and it was ratified in 1789. There was no governing document until 1783, when the Revolution formally ended with the Treaty of Paris. From 1783 to 1789 the country was governed by the ill-fated Articles of Confederation.

P. 21. Aristotle, Politics: A Treatise on Government, Seattle, WA: Create Space, 2010. M. H. Hansen, The Athenian Democracy in the Age of Demosthenes: Structure, Principles and Ideology, Norman, OK: University of Oklahoma Press, 1999, p. 179. M. Ostwald, From Popular Sovereignty to the Sovereignty of Law: Law, Society, and Politics in Fifth-Century Athens, Berkeley, CA: University of California Press, 1986, p. 183. D. A. Farber, W. N. Eskridge and P. P. Frickey, Constitutional Law, St Paul, MN: Thomson West, 2003; R.

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