Download Constitutional Violence: Legitimacy, Democracy and Human by Antoni Abat i Ninet PDF
By Antoni Abat i Ninet
If constitutional legitimacy relies on violence, what does this suggest for democracy?
Almost each kingdom on this planet has a written structure and, for the nice majority, the structure is the legislations that controls the organs of the country. yet is a structure the simplest gadget to rule a country?
Western political structures are typically 'constitutional democracies', dividing the method right into a area of politics, the place the folks rule, and a website of legislations, put aside for a expert elite. criminal, political and constitutional practices reveal that constitutionalism and democracy appear to be irreconcilable.
Antoni Abat i Ninet strives to unravel those it seems that unique public and criminal sovereignties, utilizing their numerous avatars around the globe as case reviews. He demanding situations the yank constitutional adventure that has ruled western constitutional proposal as a quasi-religious doctrine. And he argues that human rights and democracy needs to attempt to deactivate the 'invisible' yet very genuine violence embedded in our possible sacrosanct constitutions.
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Additional info for Constitutional Violence: Legitimacy, Democracy and Human Rights
278. 167. , p. 191. 168. , p. 191. 169. V. Frosini, ‘Kelsen y las interpretaciones de la soberanía’, Revista Española de Derecho Constitucional, 31, 1991, 61. 170. , p. 62. 171. M. Taussig-Rubbo, ‘Outsourcing sacrifice: the labor of private military contractors’, Yale Journal of Law & Humanities, 21(1), 2009, 110. 172. 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. 22. 173.
There seems to be little chance of finding an entity with the power and competence to become a sovereign which decides not to implement this right. In my understanding, sovereignty means power and not right, and power is based on violence or threat. 67 The right of the sovereign is based on this violent law, on its power to enforce political decisions and laws. 68 Sovereignty cannot only be destroyed, it can also be created and transformed. The possibility of transforming the sovereign power provides hope for democracy in our constitutional systems.
Hirsch, For the People, New York: Free Press, 1998; A. R. Amar, ‘The constitution versus the court: some thoughts on Hills on Amar’, Northwestern University Law Review, 94, 1994b, 205–10; J. M. Balkin and S. Levinson, ‘Constitutional dictatorship: its dangers and its design’, Minnesota Law Review, 94, 2010, 1789–1865. See M. Tushnet, Why the Constitution Matters, New Haven, CT: Yale University Press, 2010, where the author explains that the US Constitution matters not because it structures governments or fundamental rights, but because it structures US politics.