By Denis J. Galligan, Mila Versteeg
This quantity analyses the social and political forces that effect constitutions and the method of structure making. It combines theoretical views at the social and political foundations of constitutions with quite a number exact case experiences of structure making in nineteen varied nations. within the first a part of the amount, prime students examine and enhance a number of theoretical views, together with constitutions as coordination units, challenge statements, contracts, items of family energy play, transnational records, and as mirrored image of the need of the folk. within the moment a part of the amount, those theories are tested via in-depth case reviews of the social and political foundations of constitutions in nations akin to Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. the result's a multidimensional examine of constitutions as social phenomena and their interplay with different social phenomena. The procedure combines social technological know-how research of the character of constitutions with case reviews of chosen constitutions.
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Extra info for Social and Political Foundations of Constitutions
Sample text
The idea that constitutions contain the “core, constitutive political commitments of the community,” whether as an explicit mission statement or as implicit in the substantive provisions, fits best in the context of democratic and liberal nations, where it may be presumed that the founders intend the constitution to be taken seriously and implemented by suitable institutions of government. But mission statements are not confined to constitutions of liberal and democratic nations and often appear in those of anocratic and autocratic nations.
12 Galligan and Versteeg question for further research is whether aspirations affect substantive and justiciable constitutional choices or whether they are confined to the preamble. . and an international Zeitgeist favourable to social rights, all combined to form an ideological environment that was incompatible with the tenets of a ‘minimal state’ and ‘economic liberalism’” (Magalhaes 2013: 449). Thus, as Magelheas shows, Portuguese national values and identity, albeit mixed with emerging international norms, are expressed not only in mission-statement-like preambles but are also the basis for substantive standards of social rights.
David Hume long ago pondered how “this wonder is effected” and went on to express his surprise, and that of all who “consider human affairs with a philosophical eye,” at “the easiness with which the many are governed by the few; and the implicit submission, with which men resign their own sentiments and passions to those of their rulers” (Hume 2008: 24). ” The main influence on opinion, according to Hume, is “interest,” by which is meant “the sense of the general advantage which is reaped from government” (Hume 2008: 25).